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
Financial Regulation, a Pay Cut for Congress and Kagan Missing in Action
The Senate rejects a move to cut off debate and further amendment on the financial regulation bill sponsored by Chris Dodd…
Opposing Views
While America Crumbles, Congress Wastes Time on Beer & Golf
The days of trillion-dollar deficits, multiple land wars in Asia, and other catastrophes may soon be coming to an end. Congress continues to work long…
Blog
Kagan Shirked Duty to Defend Federal Laws Protecting Crime Victims
Federal law authorizes life sentences without parole for particularly heinous violent crimes committed by 16 and 17-year olds. But Solicitor General Elena Kagan was…
Blog
Legal Elites Chip Away at Protections Against Violent Crime
On Monday, the Supreme Court, citing “international opinion,” outlawed life imprisonment without parole for juveniles who commit rape, torture, and other non-homicide crimes. Earlier,…
NH Insider
Congress May Roll Dice and Legalize Internet Gambling
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s "Restoring American Financial Stability Act," the financial regulatory "reform" bill that after filibustering for…
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