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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
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Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Products
CEI Planet: January – February 2009
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: From The…
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Davis-Bacon from the Pork Barrel
In today’s Wall Street Journal, the Brookings Institution’s Clifford Winston points out some critical pitfalls likely to face the infrastructure spending element of President-elect…
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Jail Time for Conflict of Interest?
David Bruggeman at Prometheus has what I think can only be described as an extreme view of conflict of interest: An Emory University Researcher…
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Madoff: Hiding in Plain Sight, Thanks to SEC
Contrary to popular belief, Madoff's $50 billion Ponzi scheme was subject to to a variety of financial regulations, something he actually used as a selling…
Letters
Letter To President Obama on Credit Unions and Business Lending
Full Document Available in PDF December 23, 2008 The Honorable Barack Obama President-Elect…
Blog
Fewer Toys for Christmas
Small toy manufacturers may go out of business thanks to the “Consumer Product Safety Act of 2008,” which Congress hastily passed in response to…
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