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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Myron Ebell explains the benefits of a Fed. Judge blocking California’s plan to regulate emissions
Myron Ebell explains the benefits of a Fed. Judge blocking California's plan to regulate emissions…
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CEI Podcast for December 29, 2011: A Record Year for Regulation
Vice President for Policy Wayne Crews talks about why 2011 was a record year for both new regulations and their cost, and his ongoing "Ten…
Blog
America’s Businesses Get It: Immigration Is Good
Anti-immigration advocates believe that harsh new laws will drive illegal immigrants out of the United States. They ignore the fact that the primary victim…
Blog
Obamacare Stifles Job Creation, Causes Layoffs
At Bloomberg News, Andrew Puzder, CEO of CKE Restaurants, Inc., explains how the 2010 healthcare law is preventing jobs from being created and resulting…
Blog
Record Red Tape
Over at Big Government today I noted the Federal Register of 2011 has almost reached the level of last year’s record. Given that 2011’s…
Op-Eds
Another Record-Breaking Federal Register? Federal Regulations Surge in 2011
The Federal Register is the daily depository of all proposed and final rules and regulations, as well as presidential documents, executive orders, agency internal…
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