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: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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Maryland Considers Privatizing Liquor Sales
The only place residents of Montgomery County, Maryland, can purchase liquor is in county-owned stores, which until recently were only open six days a week.
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November 24: National Opt Out Day
OptOutDay.com the website and group is urging air-travelers on November 24 (one of the busiest travel days of the year) to refuse to submit…
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Morning Media Summary
Tech: Cubans upset at video game that aims to kill Fidel Castro: “Cuba’s state-run media and bloggers are not amused at “Call of…
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CEI Podcast – November 11, 2010: Taxing New IRS Regulations
Fellow in Regulatory Studies Ryan Young explains how an IRS proposal for mandatory certification of tax preparers would hurt consumers and taxpayers.
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Obama’s Labor Department Again Pushes Forced Unionism
You are at work one day and a couple of police vehicles pull up. They go into the administrative office area and the next thing…
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Honeycomb House: A Fresh Foreclosure Horror
Problems with empty, foreclosed, or otherwise house-poor homes no longer stop at suburban sprawl; now mosquito and wildcat infestations threaten to lower real estate values…
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