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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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
Blog
Walker, Wisconsin Ranger (Strikes Again)
It’s almost too beautiful to believe. In this era of ever-expanding government power, of rising and risible rapacity in the federal Leviathan, can it really…
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New Jersey State Senate Pushes Union Giveaway in Project Labor Agreement Bill
The extent and huge costs of the damage from Hurricane Sandy to New Jersey should make rebuilding the worst affected areas…
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Obamacare Increases Unnecessary Medical Tests, Wastes Doctors’ Time, Drives Up Billings And Costs
President Obama claimed Obamacare would cut healthcare costs, but it actually increased them in many ways, some of which are chronicled here. Here are yet…
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CEI’s Battered Business Bureau: The Week In Regulation
54 new regulations, from microwave ovens to roof trusses.
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TSA’s Body Scanner Shuffle Continues, Agency Still Flouts The Law On Body Scanners
A great deal of news coverage today has been given to the Transportation Security Administration’s (TSA) decision to remove backscatter X-ray strip-search machines from U.S.
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Federal Regulation Update: 224 Economically Significant Rules In The Pipeline
The federal government's Fall Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions finally appeared the Friday before Christmas (the Spring 2012…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment