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
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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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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News Release
Regulation Nation?
WASHINGTON, D.C., Sept. 19, 2012 – Thursday morning, the House Judiciary Committee will hold a hearing: “Regulation Nation: The Obama Administration’s Regulatory Expansion vs.
Blog
As Union Popularity Fades, A Fight For Power Threatens Michigan
The major focus on issues involving public sector unions right now is the current teachers’ strike in Chicago. Now that the strike is in…
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Striking: Right Or Privilege?
As the Chicago teachers’ strike is entering its second week, Mayor Emanuel has pledged to seek an injunction with the court to force instructors back…
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The Sad, Early History Of Railroad Regulation: From Subsidies To Nationalization
CEI has long made it its mission to highlight to downsides and dangers of economic regulation. One classic example is the experience with America's railroads…
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CEI’s Battered Business Bureau: The Week In Regulation
76 new regulations, from DEA property seizures to place-of-origin requirements for wine.
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Wisconsin Judge To Voters: “Drop Dead”
Who needs elections when you have judges? In Wisconsin, the voters have decided to reform their state's collective bargaining laws. They did so by, 1)…
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