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
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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News Release
International Airline Deregulation
Click here to visit the Kojo Nnamdi Show’s Web site.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> …
Op-Eds
Vox Populi and Public Policy
“How can you tell whether a whale is a mammal or a fish?” a teacher asks her third-grade class. “Take a vote?” pipes…
News Release
Court Verdict Threatens Future of Internet
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” /> Washington, D.C., October 8, 2003—A federal court decision this week has thrown the commercial future…
Op-Eds
Are Small Particles Such a Big Problem?
According to the Environmental Protection Agency, small particles in the air pose the greatest threat that it or any other regulatory agency is…
Op-Eds
Running Away From Safety
Remember Jim Fixx? Not many people do, and that's a shame. Fixx was a jogging guru who ran 60 miles a week. He…
News Release
Anti-Globalization Movement in Retreat in Cancún
The Anti-Globalization Movement is in retreat at the World Trade Organization’s (WTO) Ministerial meeting; and advocates of open trade now have an opportunity to make…
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