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…
Search Posts
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The Cost Of Enforcing Government Regulation
Regulatory cost estimates of around $1.8 trillion encompass compliance costs paid by the public plus economic drag. But but those estimates do not include the…
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CEI’s Battered Business Bureau: The Week In Regulation
70 new regulations, from airplane bathrooms to advertising seized property.
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The New National Identification System Is Coming
“Maybe we should just brand all the babies.” With this joke, Ronald Reagan swatted down a national identification card -- or an enhanced Social Security…
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CEI Podcast For January 31, 2013: The Recess Appointments That Weren’t
Federal judges recently struck down four recess appointments to the National Labor Relations Board, claiming the Senate was in pro forma session when President Obama…
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The Coming Regulatory Recession?
Yesterday, the Bureau of Economic Analysis of the U.S. Department of Commerce reported the stunning news the U.S. economy actually contracted by 0.1 percent…
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Inside the Beltway: Alarmed by the Feds
It could be raining regulations soon, should the wishes of Rep. Henry A. Waxman of California and Sen. Sheldon Whitehouse of Rhode Island come true.
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