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.
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Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
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The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
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The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is in…
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The Hill
Ending Counterproductive, Counterintuitive Regulation
Early in the COVID-19 crisis, House Speaker Nancy Pelosi (D-Calif.) chided the Trump administration’s response and demanded “testing, testing, testing.” Yet, when…
USA Today
Trump, Biden Tout Contrasting Economic Plans. Which Will Restore Jobs Lost in the Pandemic Faster?
USA Today cites CEI on regulatory reform: The president says he’ll continue to aggressively cut regulations. He initially promised to scrap two rules…
Blog
This Week in Ridiculous Regulations
The last week saw another political convention, another police shooting, and two hurricanes. There was at least one major positive story, though. Polio has finally…
Forbes
What Comes After Trillion? Coming To Terms With The Impenetrable Costs Of Government Intervention
“We print it digitally,” Federal Reserve Chairman Jerome Powell said of money. They sure do. Real fiscal debt…
Blog
This Week in Ridiculous Regulations
The spring 2020 Unified Agenda was published on August 17. Due four months ago, it collects every rulemaking agency’s plans for upcoming regulations. The number…
National Review
App Shrugged: Will Uber Go Galt in California?
The rideshare company Uber is threatening to end its operations in California entirely if the Golden State forces the company to classify all its drivers as…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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