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: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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CEI’s Battered Business Bureau: The Week in Regulation
Election week was a busy one on the regulatory front, with new rules on everything from fuel taxes to wireless spectrum. With the Senate changing…
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CEI’s Battered Business Bureau: The Week in Regulation
In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new…
Fox Business
What Small Business Owners Think About Income Tax
Fox Business cites Wayne Crews' work on regulatory compliance costs: With so much revenue potential when taxpayers and businesses thrive, one would…
CEI Planet
CEI Planet – Fall 2014
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How Federal Paperwork and Red Tape Has Grown since President Clinton
In recent five-part series called The 2014 Federal Paperwork and Red Tape Roundup, I took a look at hours of paperwork for various departments and…
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CEI’s Battered Business Bureau: The Week in Regulation
It was business as usual, with new rules hitting the books on everything from political speech restrictions to butterflies to football broadcasts. On to 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