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 rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
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News Release
New Federal Rule on Alcohol Ads and Public Health
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 28, 2003—Today the U.S. Treasury’s Alcohol and Tobacco Tax and Trade Bureau (formerly…
News Release
New SEC Rules Create Added Costs, Little Benefits
Washington, D.C., January 29, 2003 – Despite opposition from many sources, the Securities and Exchange Commission recently adopted new rules on forced disclosure…
News Release
Environmental, Other Regulations Under Scrutiny
Washington, D.C., December 20, 2002—From energy conservation standards for washing machines to labels on genetically modified food, many federal regulations are coming…
Study
How to Drive Competition in a “Deregulated” Market
View Full Document as PDF…
Op-Eds
EPA’s $32 Trillion Negligible Risk
It is no surprise that federal agencies often tailor their interpretation of the facts and the law to support various policy goals. It should…
Study
CEI Senior Fellow Publishes New Book On EPA’s Regulatory Enforcement
Out Of Bounds, Out Of Control: Regulatory Enforcement At The EPA CEI Senior Fellow James DeLong Publishes New…
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