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.
Featured Posts
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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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This Week in Ridiculous Regulations
Regulatory agencies were plenty busy last week, with new rules in the last week ranging from Maine’s gas stations to hammerhead shark herd size.
Washington Examiner
Trump’s Former EPA Transition Chief Sees Job Cuts as a Priority
Washington Examiner discusses proposed job cuts at the EPA with Myron Ebell. The former head of Trump’s Environmental Protection Agency transition team is…
Forbes
Net Neutrality Day Of Action Platitudes To Ensnare Corporate Proponents
Amazon, Google, Facebook and others in the tech world…you’re really going to keep poking on net neutrality? Some of you seem a tad less…
American Public Media
AUDIO: Kent Lassman Discusses Neomi Rao’s Confirmation on APM’s Marketplace
CEI President and CEO Kent Lassman joins American Public Media’s Marketplace to discuss Neomi Rao’s confirmation to the position of Administrator of the White House…
The Regulatory Review
Constructively Improving Railroad Regulations
Edward R. Hamberger, President and CEO of the Association of American Railroads, mentions a piece by Fred Smith and Marc Scribner regarding regulations of the…
Forbes
Senator Elizabeth Warren Takes Swipe At Trump’s New Regulatory Overseer
Of the hundreds of federal agencies issuing thousands of rules each year, there is one small body, of a few dozen employees, within the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment