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
Blog
The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
Blog
Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
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New York Times
This Week in Small Business: Working Without Pay
From Gene Marks' post in The New York Times' You're the Boss blog: The Internal Revenue Service offers advice for safeguarding tax…
Blog
Sen. Rand Paul Introduces Bills to Dramatically Rein in TSA
Yesterday, Sen. Rand Paul (R-Ky.) introduced two bills aimed at reducing the power of the Transportation Security Administration (TSA). S.3303 would end the TSA’s…
Blog
An IRS Trojan Horse
The IRS' proposed real-time tax system is a Trojan horse for a return-free system, in which the IRS would become your tax preparer as well…
Blog
Losing the Universe with LOST
The Law of the Sea Treaty (LOST) has been languishing in the Senate for decades, but led by Massachusetts senator John Kerry, there is growing…
Blog
End in Sight for Pennsylvania’s State-Run Liquor Stores
Could it finally happen? After decades of hemming, hawing, and growing public anger over Pennsylvania’s outdated regulations, change may finally be in the cards for…
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China Takes Hard Stance on EU’s Airline Emissions Charges
It looks like it could begin a trade war — in airplanes. China has announced that it may impound European Union airplanes in retaliation if…
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