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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The Bureaucratic Mind at Work
In an increasingly rare example of investigative journalism, the UK Times finds a ‘ghost bus’ designed to spare ministers’ blushe. The bus, which is…
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Short-seller praised by Mass. Democrat at Madoff hearing
In the House Financial Services Committee hearing Monday on Bernard Madoff’s $50 billion alleged Ponzi scheme, some good points were raised by Congress members…
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Change Is Coming, To Benefit Trial Lawyers
Obama promised change, and it’s already happening, at the expense of the poor, consumers, and small business. “Regulations set to take effect next month could…
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Massive in Massachusetts
The people of Massachusetts, who until now have been entirely clueless about the fat content of any food, will finally be set free from their…
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Let the Sunstein In
I was cheered this morning by the news that Cass Sunstein of the University of Chicago is to be the next head of…
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Thousands Die After Zimbabwe Dictator Nationalizes Water Systems
Thousands of people have died of cholera in Zimbabwe after the country’s left-wing dictator Robert Mugabe nationalized municipal water systems to seize their revenue,…
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