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: Library pictures and aerobatic airplanes
The Iran war entered its fourth week. ICE agents might be reassigned to airport security. The Federal Reserve held interest rates steady. President Trump expressed…
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Free the Economy podcast: Enduring policy principles with Richard Stern
In this week’s episode we cover housing affordability, labor unions and train safety, the late Paul Ehrlich (1932-2026), and the late…
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Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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New Federal Regulation Hits a Full Stop
According to press reports, President Barack Obama has ordered a full stop to all pending federal regulations. Funny, I didn’t hear anything about that…
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Milton Friedman counters Kennedy inaugural–and Obama’s
Before President Barack Obama gave his inaugural address, it had been reported that he was heavily studying John F. Kennedy’s speech at…
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HIGH NOON PASSES–Global Warming Doesn’t Show Up At The Inaugural
Well, the noon temperature in Washington DC at the President Obama’s swearing-in was 28 degrees F., eight degrees colder than when Bush…
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Barack Obama’s ‘Digital Lines’ to Nowhere
When Barack Obama said in his inaugural address, "We will build the roads and bridges, the electric grids and digital lines that feed our commerce…
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Bad Economic Metaphors: Priming the Pump
President Obama faces the immediate challenge of getting funds again flowing through the financial system. And, apparently, his advisors are relying on “pump priming”—pouring…
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Whither Union Transparency?
As Barack Obama is sworn in as the nation’s 44th President today, Rep. Hilda Solis (D-Calif.) will likely be the next Secretary of Labor. As…
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