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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Blog
Regulation of the Day: Saving the Children from Durable Products
How much safer will this rule make our children? How much more expensive will the affected goods be? How many people actually bother to send…
Blog
Can the Blogosphere Be Regulated?
The Federal Trade Commission seems to think so. A fresh set of proposed Federal Trade Commission guidelines, if approved this summer, would…
Blog
More Risky, Low-Income Loans: Obama Asks Congress to Create a Harmful Consumer Financial Protection Agency
Banks will now be pressured to make even more risky, low-income loans. Obama has sent to Congress his proposal to create a politically-correct Consumer…
Citation
Goodbye, Mother Harriette: Loose Lips Daily
Blog
Obama’s Call for Light Bulb Regulation Not a New or Bright Idea
Eager to sustain his regulatory whirlwind, President Obama is now calling for efficiency standards for household and business lighting. As if the climate-themed…
Blog
Regulation of the Day: Cap and Trade
The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations.
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