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…
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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…
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Forbes
Biden’s 2024 Federal Budget Proposal Extends Helicopter Government
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Blog
Regulatory Reform Bills in the 118th Congress: The Article I Regulatory Budget Act
The federal government is supposed to put out an annual budget to track its spending. Why doesn’t it do the same thing for regulation?…
Forbes
Regulation Without Representation: A Quick Revisit Of The “Unconstitutionality Index”
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Blog
Regulatory Reform Bills in the 118th Congress: The GOOD Act
Regulatory dark matter is a serious problem. Agencies are supposed to run new regulations through a formal process which includes publishing a draft version…
Blog
Regulatory Reform Bills in the 118th Congress: The REINS Act
Every new session of Congress is a new chance to enact substantive regulatory reform. This post inaugurates an occasional series highlighting reform bills that…
Washington Examiner
Democrats and Republicans: Unite around abundance
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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