There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
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Free the Economy podcast: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
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From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
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This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
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Biden’s 2024 Federal Register page count already second highest ever
We’ve not closed the Book of Regulation for 2024, Biden’s final calendar year in office, but we can mark a milestone nonetheless. The Federal Register…
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This week in ridiculous regulations: Cable pricing and outer space arms trafficking
Donald Trump won a second term. The change in power might mean a second regulatory midnight rush between now and the inauguration. An initial rush…
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A 2024 CEI HALLOWEEN SPECIAL: A new inventory unmasking federal agency guidance documents
In my new Halloween-themed article at Forbes, I explore the eerie expanse of federal agency guidance documents. We have to try to have a…
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The origins and lessons of the ‘Satanic Panic’ of the 1980s
Moral panics are just one of those things that free societies seem to go through on a regular basis. The “satanic panic” was the big…
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The compliance crisis: Unveiling the regulatory loopholes agencies love
While federal regulatory reform is critical, it’s equally important that existing oversight laws be followed. Unfortunately, many of these laws are routinely disregarded, with little…
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Next time, let’s try emergency powers that shrink government
As the nation deals with the aftermath of successive natural disasters, the need for a renewed debate on federal emergency powers is increasingly clear. While…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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