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: 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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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Cataloging Washington’s Hidden Costs, Part 5: When Regulation Tramples Health and Safety
Act surprised...Show concern...Deny...Deny...Deny. —Anonymous What if anybody in power ever actually paid attention to the body count of federal regulation? We just finished another year…
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Two Cheers for Tapered Quantitative Easing
Over at the Washington Times, I encourage the Fed to taper back the rest of the QE program, and point out that the Fed may…
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2013 Ends with an 80,330-Page Federal Register and 3,659 Final Rules and Regulations
The Federal Register wrapped up 2013 with a third-highest count ever, of 80,330 pages. (The published version contains 80,462 pages but I net out blank…
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No, Legislative Fixes to Obamacare Weren’t Blocked by the GOP
As Obamacare's implementation went badly enough that it was mocked by comedians on late-night TV, a search for excuses began. The result was the now…
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CEI’s Battered Business Bureau: The Week in Regulation
74 new regulations, from non-toxic ammunition to shrimp electronic logbooks.
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We all need a fresh start in 2014
Another change? We need to stop the avalanche of regulations that are slowing our recovery. The Competitive Enterprise Institute (CEI) reports that government agencies issued…
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