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: 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 shout…
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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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CEI Planet
CEI Planet: January – February 2010
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles from the January-February 2010 issue: …
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Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
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Ralph Nader’s shocking solution to the Toyota “problem”
The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today? Choose one response: 1. More…
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Torches, Pitchforks, and Congress
“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America. That in every other…
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Biden announces retirement (savings program)
Vice President Joe Biden announces retirement (savings program). If only we were so lucky. (In reality, it doesn’t matter. As he recently said,…
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