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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The Silver Platypus
Last week, the Metropolitan Washington Airports Authority announced it was considering scrapping the Silver Line stop at Dulles Airport. Though the Silver line was designed…
Op-Eds
Social Security: The Birth of Big Brother
Nearly eight decades after President Franklin D. Roosevelt signed the Social Security Act into law in 1935, the program remains the most popular ever instituted…
Op-Eds
Who’s the Bigger Regulator: Bush or Obama?
During his State of the Union address Tuesday, President Barack Obama got applause for acknowledging that some federal regulations are outdated, unnecessary or costly. He…
Blog
Stimulus was Designed to Provide Pork and Payoffs, Not to Revive the Economy
Harvard University economist Jeffrey Miron argued that the $800 billion stimulus package wasn't even designed to stimulate the economy, but rather to benefit…
Blog
A Hidden Cost of Antitrust Regulation
Bryan Caplan argues that antitrust enforcement literally kills people. Bill Gates has given away billions of dollars and saved countless lives. If not for the…
Op-Eds
President Obama’s State of the Union? Hyper-Regulated
The 2012 State of the Union Address ought to address the Mistakes of the Union when it comes to over-regulation of…
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