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…
Search Posts
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Obama Allows Illegal Health Policies, Quickly Pivots to Economy
The furor over the Healthcare.gov website that is merely supposed to automate the process of determining if one is eligible or…
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Antitrust as Corporate Welfare: Imposed Concessions and Conditions on Mergers Are a Fundamental Error
As is now commonplace, American Airlines needed to relent to conditions imposed on the merger with US Airways to secure Department of Justice approval, primarily…
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Under Obamacare, People Pay More for Inferior Health Plans, Lose Health Insurance They Liked
A Colorado woman who championed Obamacare lost her insurance plan. As a CBS TV station in Denver noted, "Millions of people are getting cancellation…
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CEI’s Battered Business Bureau: The Week in Regulation
78 new regulations, from toy guns to tires.
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FDA Trans-Fat Ban Sets Stage to Target Sugar, Salt, and More
On November 7, the U.S. Food and Drug Administration announced plans to change its classification of trans-fatty acids and remove the designation "Generally Recognized…
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Why Obama’s Pivot from Obamacare to Infrastructure Makes No Sense
President Obama is in New Orleans today to pivot attention to what he’ll call leveraging investment in infrastructure. From the ones and zeros of 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