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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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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CEI Podcast for January 6, 2011: D.C.’s Plastic Bag Tax
Warren T. Brookes Journalism Fellow Kathryn Ciano talks about Washington, DC's five-cent tax on plastic bags.
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More Signs of Incompetence in Washington, D.C. Transit System
In the latest sign of dysfunction at the Washington Metropolitan Area Transit Authority (“Metro”), the struggling subway system has appointed a supervisor of escalators…
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What Government Unions Want: One, Two, Many Californias
That the large Republican gains in the 2010 midterm elections pose a setback for organized labor’s agenda is hardly news. What will be newsworthy is…
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Morning Media Summary
Tech: HHS is Paying Google with Taxpayer Money to Alter ‘Obamacare’ Search Results (Updated): “The brazenness of the Obama administration never ceases to…
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Ag Roundup: New GOP House May Strip Food Safety Law … Can GE and Non-GE Alfalfa ‘Co-Exist?’
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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