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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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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CEI’s Battered Business Bureau: The Week in Regulation
Along with last wwek’s usual slew of final regulations covering everything from power plants to televisions, an additional 55 proposed regulations also hit the books.
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CEI’s Battered Business Bureau: The Week in Regulation
New rules published in the last week include everything from the IRS and Executive Office of the President declaring themselves exempt from select transparency laws,…
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The Republican Budget and Middle Class Economics
Yesterday the House Republicans released their “Balanced Budget for a Stronger America” and the Senate Republicans will release their budget proposal today. House Republicans…
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CEI’s Battered Business Bureau: The Week in Regulation
An otherwise slow week ended with a bang on Friday, with 27 new regulations, or nearly half the week’s total, covering everything from calorie counts…
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CEI’s Battered Business Bureau: The Week in Regulation
The Supreme Court heard oral arguments on the King v. Burwell case last week. The decision, likely to appear in June, will determine in part whether regulatory…
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CEI’s Battered Business Bureau: The Week in Regulation
The FCC, inspired by a law passed in 1934, unveiled its controversial plan to regulate the Internet as a public utility. Beyond that it was…
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