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
This week in ridiculous regulations: airline fees and greenhouse gas reporting
The Federal Register grew at nearly triple its usual pace last week. It is on pace for its first-ever 100,000-page year. GDP growth slowed to…
The Center Square
Study: Mixed record on permitting reform offers some hope
CEI’s James Broughel provided comments to The Center Square about a study he authored: “Pennsylvania’s a state where energy is very important to its…
Forbes
Libertarian Victory: You Mean We Can Shut Down Government Without Even Passing A Law?
It is happening again. Congress will enact another bloated, pork-laden and largely unread omnibus spending bill to complete formal appropriations for the 2024 fiscal year…
Search Posts
Op-Eds
Stunting Corporate Growth
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Robert J. Samuelson [op-ed, Dec. 22] dismissed legitimate concerns about the effects of the Sarbanes-Oxley Act…
Op-Eds
The Danger of Too Much Caution
Congress has a long and ignoble history of exaggerated legislative responses to perceived health crises. They seem to be at it again.<?xml:namespace prefix…
Op-Eds
Reid May Lead on Stock Options
In the discussion of winners and losers from Election 2004, one organization that may have suffered a big blow has been overlooked. This…
News Release
FCC to Reconsider Telephone Competition
Contact for Interviews: Richard Morrison, 202.331.2273 <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix…
Op-Eds
It’s the Infrastructure, Stupid: Amtrak, derailed
The news that the Department of Transportation’s Inspector General is deeply concerned about the dangerous state of Amtrak’s railroad infrastructure should come as…
News Release
The Battle over Interstate Wine Shipments
Full complaint available as a pdf. The Supreme Court is hearing oral arguments today in the case of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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