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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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
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Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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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,…
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The Free Market Automobility Bibliography
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Oysters and Willapa Bay
Contents: Oysters Oysters and Willapa Bay Eliminating the Tragedy of the Commons Experimentation and Innovation Fighting for Water…
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Appropriations Riders and Environmental Reform: How Appropriate?
Full Version Available In PDF The reform and restriction of federaql regulatory programs is a key element of the conservative Congressional agenda. Many…
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Press Conference: Public in Dark about Alcohol and Heart Disease
WASHINGTON, DC November 6, 1995—CEI today releases a poll showing that over half the American public does not know about the cardiovascular benefits of…
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Regulatory Reform: Is it Still a Pipe Dream? A Look at the 104th Congress
Full Document Available in PDF…
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