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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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…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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Clearing the Way for High-Tech Jobs
Over at RealClearMarkets.c0m, my colleague Ryan Radia offer some ideas for how to create more high-tech jobs. Our main points:…
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Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
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Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
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America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
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VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
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Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
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