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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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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…
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Regulation of the Day 79: Auctioneers in Alabama
It is illegal to conduct an auction without a license in Alabama. Violators can be punished with fines of up to $500. Applicants must pay…
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False Claims by Government in Supreme Court Case: PCAOB Agency Is More Powerful and Independent Than Government Claims
The members of the Public Company Accounting Oversight Board (PCAOB), an agency being challenged in the Supreme Court on December…
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Don’t Worry about Trade Deficits
I run an ongoing trade deficit with my local grocery store. I import food from them every week. They have never purchased a thing from…
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CEI Weekly: Climate-Gate Continues
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the continued coverage of ClimateGate, the leaked email scandal, on…
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Credit Card Fees, Immigration Reform and Heading off an EPA Power Grab
The U.S. looks to Australia’s experience with regulating credit cards fees. Former CNN anchor Lou Dobbs softens his longtime anti-immigration stance. Environmental groups petition the…
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Regulation of the Day 78: Green Energy Subsidies
If green energy is commercially viable, then it doesn't need any subsidies. If it isn't, no amount of subsidy will make it so.
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