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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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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FTC Likely to Approve Office Depot, Office Max Merger
According to news sources, the Federal Trade Commission is likely to approve the merger of Office Depot and OfficeMax, the second- and third-largest office…
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CEI’s Battered Business Bureau: The Week in Regulation
Shutdown edition: 3 new regulations. Two Coast Guard safety zones and a catch limit for herring.
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Loosened Laws in New Jersey Result in Brewery Boom
Only a year after New Jersey Governor Chris Christie signed a bill into law that would allow breweries in the garden state to sell beer…
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CEI Podcast for October 17, 2013: Supreme Court to Review EPA Carbon Emission Regulation Lawsuit
CEI is a co-petitioner in the case.
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More than a Third of House Dems Oppose Obama’s American-US Airways Merger Lawsuit; What Real Pro-Competition Policy Looks Like
Bipartisan opposition to the Obama administration’s reckless assault on the pending merger of American Airlines and US Airways is growing. While the end of the…
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The Shutdown Is Over: What Now for Regulation?
The next day or two will also be slow ones for the Federal Register. But then there will be a flood of new rules as…
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