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…
Search Posts
Blog
Regulation of the Day: The Size of Your Carry-On Bags
The Securing Cabin Baggage Act wouldn't add to security, wouldn't make flying more convenient, and may well be the result of rent-seeking.
American Spectator
Unnecessary Baggage
Rep. Dan Lipinski (D-Ill.) thinks that your carry-on bags are a threat to national security. To address this grave threat, he has introduced the Securing…
Blog
Regulation of the Day: The Price of Shrimp
The ITA has been upset for some time that a Thai shrimp exporter is selling shrimp cheaply; hungry consumers have had no complaints.
Wall Street Journal
The EPA Silences a Climate Skeptic
Blog
Washington Post Sells White House Access to Lobbyists, and Misreports Obama Health-Care Facts
Until it was publicly-exposed, the Washington Post was selling its access to the White House to lobbyists. As Politico reported, “For…
Wall Street Journal
Sink Schumer’s dangerous ‘Shareholder Bill of Rights’: It’s micromanaging madness
If deceptive labeling of bills in Congress were punishable by government agencies, Sens. Chuck Schumer (D-N.Y.) and Maria…
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