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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HIGH NOON–Inauguration Global Warming Temperature Watch
When President Bush leaves office today, will the capital be warmer or colder than when he was sworn in eight years ago? It’s not scientifically…
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Stimulus Bill Lacks Bold Ideas for Reform
USATODAY.com reports that the stimulus plan has swelled to $850 billion but lacks the bold ideas that are needed for the economy to truly…
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PEOTUS Behavioral Targeted Advertising Adventure
The prevention of regulation and the Rule of Law pounding its mighty fist within a medium or sector of business is generally something that is…
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Telecom Lobbyists in the DTV Henhouse?
With the election of a new president and new Democratic majorities in Congress, the era of corporate influence is over in Washington, D.C. Or, at…
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Regulate First, Think Never?
Twitter can be very useful. Walter Olson of Overlawyered.com sent out a tweet this morning about an Amazon list of toys that…
Letters
Requesting a TARP Disapproval Resolution
Full Document Available in PDF United States Congress Washington, DC 20515 Dear Member of Congress: On behalf…
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