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…
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End in Sight for Pennsylvania’s State-Run Liquor Stores
Could it finally happen? After decades of hemming, hawing, and growing public anger over Pennsylvania’s outdated regulations, change may finally be in the cards for…
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China Takes Hard Stance on EU’s Airline Emissions Charges
It looks like it could begin a trade war — in airplanes. China has announced that it may impound European Union airplanes in retaliation if…
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Jamie Dimon and the “Just Fine” Private Sector
It will be interesting to see how the Big Government punditocracy squares its doubling-down defense of President Obama's comments that "the private sector is…
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Stigler on the Regulatory Mindset
"There are only two alternatives to the market: the state, and prayer. It turns out the two were merged in one."…
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Union Bosses Care More about Collective Bargaining than Students
In Massachusetts and Louisiana, union bosses' recent actions indicate collective bargaining privileges and lavish contracts are their number one priority. First in Massachusetts, the AFL-CIO…
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CEI’s Battered Business Bureau: The Week in Regulation
65 new regulations last week, covering everything from substance abuse to the official taxonomy of the endangered African wild ass.
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