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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Busybodies in Congress Prepared to Re-Prohibit Voice Communications During Flight
After two decades with a ban on the books, the Federal Communications Commission is set to consider allowing transmitting mobile devices on aircraft. On…
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CEI’s Battered Business Bureau: The Week in Regulation
95 new regulations, from mad cow disease to falconry federalism.
Fox News
Regulation Nation: Gov’t regs estimated to pound private sector with $1.8T in costs
A new report on the government's regulatory actions was released just before Thanksgiving, and it contains more than 3,300 rules -- which the Competitive Enterprise…
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Retailers Only Sell Half a Loaf in their Analysis of the Costs of Interchange Fees
In a comment on my American Spectator article on the deleterious effects of debit card interchange fees on American households, Sara Durr, Spokesperson for…
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President Pushes Welfare Rather than Opportunity and Social Mobility in Speech about Inequality
"President Obama on Wednesday declared that addressing income inequality would be the focus of 'all' of the White House’s efforts 'for the rest of…
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The Administration’s Regulatory Uncertainty
Groups like the Center for American Progress are claiming that the possibility of another row over the budget and debt ceiling are creating “uncertainty”…
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