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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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CEI Podcast for July 5, 2012: Relic of Prohibition
Prohibition ended 79 years ago, but in Washington, D.C., it is still illegal to buy liquor on Sundays. Fellow in Consumer Policy Studies Michelle Minton…
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Against the First Amendment: How Public-Sector Unions Neglect Free Speech
No one should be forced to join or contribute to any organization if they do not want to do so. This principle forms the bedrock…
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Alcohol Regulation Roundup: July 4th Liberty Edition
As you prepare to raise your glass in celebration (or memorial) of American freedom, give a cheer for the ever increasingly liberated alcohol laws around…
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Regulation of the Day 223: Fred Flintstone Cars
Sebastian Trager built a replica of Fred Flintstone’s car, but regulators won't let him drive it.
Blog
Food Safety Regulations That Kill
In Reason magazine, Baylen Linnekin writes about "the sickening nature of many food-safety regulations," like the "poke and sniff" inspection method mandated by the…
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Regulation of the Day 222: Macaroni
According to federal regulations, you may not, in fact, stick a feather in your hat and call it macaroni.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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