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.
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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…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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Blog
Health Care- Fix middle-class “medicine cabinet tax” in reconciliation
“They won’t be so opposed to it once they see what’s in it.” That’s the rationalization House leaders have given skittish Democrats to get them…
Blog
Health Care Crisis About to Get a Whole Lot Worse
In just a few hours, the House of Representatives will vote on the $940 billion Senate health care bill, followed by a reconciliation package of…
Blog
Four Ways to Spend Money on Health Care
Today's bill consists almost entirely of spending other peoples' money on other people. This is no way to keep costs under control.
Blog
Media falsely claiming CHP report backs Toyota Prius hoaxer’s claim
Over a week after I exposed the “Toyota Hybrid Horror Hoax” at Forbes. com, the press (as opposed to some TV networks, talk radio,…
Blog
New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
Blog
Regulation of the Day 129: Droves of Animals on Streets
Washington, DC city law states that “No loose herd or flock shall be driven or conducted in the District, except with a permit issued by…
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