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
Blog
Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and reforms…
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The week in regulations: Homework gaps and cannabimimetic agents
At Davos, President Trump withdrew his threats to invade Greenland and tariff European countries. The Supreme Court appeared skeptical about his attempt to fire Lisa…
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Free the Economy podcast: Permitting for speed with Grant Dever
In this week’s episode we talk about making a living in podcasting, confronting our mounting national debt, and assessing President Trump’s new…
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Study
The Yellowstone Affair: Environmental Protection, International Treaties, and National Sovereignty
Full study available in pdf format Environmental regulation has gone international in recent decades. There has been a proliferation of treaties, conventions, and protocols aimed…
Products
NAIC Insures Privileged Access
Thousands of insurance executives and regulators converged on Orlando, Fla., in March to attend the spring meeting of the National Association of Insurance Commissioners…
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New Choices in Auto Insurance
The high cost of auto insurance is a serious concern for many people across the country. Annual premiums can run into thousands of dollars.
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The Power of Positive Drinking
CEI is back in federal court. On October 29th, CEI filed suit against the Bureau of Alcohol, Tobacco and Firearms (ATF) to challenge the agency’s…
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Message from the Executive Director: Time for Another Contract
The 104th Congress was anything but "extremist." Its leaders proposed to balance the budget — but only after seven years. They called for family tax…
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Uncle Sam’s Commandments
While government activity is generally, and rightly, associated with taxing and spending, there is another way Congress carries out its objectives: by imposing health, safety,…
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