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…
Search Posts
Newsletter
Elena Kagan’s Nomination, Obama Signs Financial Regulation Bill and Defending the Right to Work
The Senate Judiciary Committee approves the nomination of Elena Kagan to the U.S. Supreme Court. Today President Obama will sign recently-passed financial regulation bill into…
Op-Eds
Obama’s Latest Monstrosity
The 2,315 page Dodd-Frank financial regulation bill that President Obama will sign today should not be called “financial reform.” Instead the bill, which…
News Release
Lift Government Barriers to Encourage Competition and Innovation
Washington, D.C., July 21, 2010—Tomorrow the Senate Commerce Committee will mark up the “America COMPETES Act,” possibly adding an amendment that would create a 15-member…
News Release
Extending Unemployment Benefits Will Increase Unemployment, Hurt Economy
Washington, D.C., July 21, 2010—The Senate today approved an extension of federal unemployment benefits to a maximum of 99 weeks. This move is likely to…
Newsletter
National Security, Federal Red Tape and Private Government in Florida
The Washington Post reports that 854,000 people have top-secret security clearances. The Federal Register for 2010 now exceeds 40,000 pages. Just outside of Florida’s Walt…
Blog
Federal Register Hits 40,000 Pages
The Federal Register’s page growth has been accelerating as the year has progressed. It is currently on pace for 76,536 pages.
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