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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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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…
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Obama Blocked Clean Up of BP Oil Spill by Friendly Countries; International Assistance Blocked by Regulations Obama Had The Authority To Waive
Crucial offers to help clean up BP’s oil spill “have come from Belgian, Dutch, and Norwegian firms that . . . possess some of the…
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Obama Wants Taxpayers to Cough Up $50 Billion To Bail Out Public-Employee Unions
President Obama now wants Congress to spend $50 billion to keep state governments from laying off government employees. In essence, this is a bailout…
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Regulation of the Day 141: Mandatory Fire Sprinklers
Politicians love it when housing prices go up. That's why Cumberland, Maryland is mulling requiring all new homes to install fire sprinkler systems. Cost: $3,000-$9,000…
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CEI Weekly: Senate Defends EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the vote in the Senate on the Murkowski resolution that…
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AIG Bailout Had “Poisonous” Effect, Bailout Oversight Panel Says
“American International Group Inc.’s bailout had a ‘poisonous’ effect on the U.S. financial system because it demonstrated the government would protect Wall Street firms from…
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Regulation of the Day 140: Plastic
“Plastics are the future,” a pushy relative told a young Dustin Hoffman in The Graduate. Was he giving career advice -- or a warning?…
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