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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The week in regulations: Library pictures and aerobatic airplanes
The Iran war entered its fourth week. ICE agents might be reassigned to airport security. The Federal Reserve held interest rates steady. President Trump expressed…
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Free the Economy podcast: Enduring policy principles with Richard Stern
In this week’s episode we cover housing affordability, labor unions and train safety, the late Paul Ehrlich (1932-2026), and the late…
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Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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Chapter 5: Regulatory dark matter: Executive orders and memoranda
Although executive actions ostensibly deal with the internal operations of the federal government, they increasingly can have binding effect and influence private behavior. Executive orders,…
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Chapter 6: More than 22,000 agency public notices annually
Along with the few dozen presidential memoranda and other proclamations are the thousands that issue from departments and agencies. Through various species of guidance documents,…
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Chapter 13: Needed: An agenda for rightsizing Washington
Rule counts regularly topped 4,000 in the 1990s. That is the wrong comparison for Biden’s lower rule counts. His fewer rules have higher costs, are…
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Chapter 4: The expanding Code of Federal Regulations
The page count in the Code of Federal Regulations (CFR)—where the Federal Register’s rules come to rest in small print in bound volumes of magenta,…
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Chapter 7: A note on rule reviews at OMB’s Office of Information and Regulatory Affairs
Yesterday’s rule review, where the review authority sought to restrain government intervention and minimize costs, is different from today’s rule review. Now the would-be overseer…
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Chapter 12: The 2024 Unconstitutionality Index: 44 rules for every law
Article I of the Constitution notwithstanding, administrative agencies rather than Congress do most of the lawmaking in the United States. Congress enacts weighty legislation but…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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