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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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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This Week in Ridiculous Regulations
It was a four-day week due to Columbus Day or Indigenous People’s Day—the controversy over which was just one of the things people were…
Wall Street Journal
Democrats Assured ACA Would Come Before ACB
California and the House asked the Supreme Court to fast-track’s Texas’ challenge to the law. Democrats now claim they oppose Judge Amy Coney…
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Forty Years of Freedom: Rail Deregulation Worked
Forty years ago today, President Carter signed the Staggers Act, which deregulated the American freight rail industry. As CEI has long…
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This Week in Ridiculous Regulations
It was another volatile pre-election week. A still-symptomatic President Trump returned to the White House from Walter Reed hospital during prime time. More key…
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This Week in Ridiculous Regulations
President Trump’s COVID-19 diagnosis marked the first of what will likely be many October surprises. Congress agreed on one spending bill to avoid another…
Forbes
Federal Paperwork Consumes The Equivalent Of 16,267 Human Lifetimes
As the latest edition of the federal Information Collection Budget of the United States Government(ICB) from the White House Office of Management…
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