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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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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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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Immigration Reform Resurrected!
Nothing makes politicians see the light like losing. Even while immigration restrictionists reassure themselves that the GOP’s immigration message is fine despite losing as…
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CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from organic food residue to amateur rocketry liberalization.
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D.C. Councilmember Mary Cheh Still Doesn’t Understand Driverless Cars
Last Sunday, The Washington Post published my op-ed criticizing the approach taken by Councilmember Mary Cheh's introduced legislation to legalize driverless cars in Washington,…
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The Election Is Over: What Now For Regulation?
A midnight rush is on the way, though it will likely be smaller than if Romney had won the election.
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from dishwashers to falconry.
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Alabama Unions Vs. Privacy: Organized Labor’s War On The Secret Ballot
By Matt Patterson and Crissy Brown Tomorrow, Alabamans will have the opportunity to enshrine the secret ballot into their state constitution. A proposal before voters called Amendment…
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