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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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…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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General Motors Now Admits It Didn’t Repay Bailout Money
Contrary to its claims in TV ads earlier this year, General Motors has now admitted that it did not repay…
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Insurance Regulators Approve Increases Based on Obamacare
In Connecticut, insurance rate regulators have approved hikes in insurance premiums of up to 20 percent, agreeing with insurers that…
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Senators Challenge Administration’s Big Labor Giveaway
Despite all they have gotten from the Obama administration, many union leaders have vented their frustration over Democratic lawmakers’ failure to enact the unions’ top…
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CEI Weekly: Regulations Discourage Small Businesses from Hiring
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' article this week where he lists the effects…
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Regulation of the Day 150: Toy Guns
Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami…
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Obama’s Broken Pledge to Cut Wasteful Spending
When Obama was elected, he claimed he would “go through our federal budget– page by page, line by line–eliminating those programs we don’t need.”…
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