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…
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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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Bastiat Institute
No Sense in Maryland’s “Dime-a-Drink” Tax Increase
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GM IPO Raises Billions, But Company Faces Hidden Challenges; Bailout Still Not Repaid
General Motors raised more than $20 billion in an initial public offering (IPO) this week, selling millions of shares owned by the federal government,…
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Regulation of the Day 160: Sleeping in Public
In Roselle Park, New Jersey, it is against the law to fall asleep in public.
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FDA Killing Big Beer’s Competitors
If you saw the movie Beer Wars, which was released last year, you might remember one hard-working entrepreneur featured in the film named Rhonda…
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TSA Regulations Likely Increase Travel Deaths
As air travel becomes increasingly expensive or more inconvenient, travelers on the margin will choose driving rather than flying. For example, the TSA began requiring…
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Morning Media Summary
Tech: House bill would give DHS authority over private sector networks: “A new bill unveiled Wednesday by House Homeland Security…
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