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
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Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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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…
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Despite Naysayers, Consumer Finance Panelists are Uniquely Qualified to Tackle Barriers to Financial Inclusion
Last week, the Consumer Financial Protection announced the membership of the newly created Taskforce on Federal Consumer Financial Law, which will work to “harmonize and…
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This Week in Ridiculous Regulations
The new year started off with a literal bang, though as of this writing the worst Iran scenario seems to have been avoided. The Senate…
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This Week in Ridiculous Regulations
Happy New Year, everyone. We’re doing a slightly different format this week, on account of the new year starting mid-week. With just two days’ worth…
Op-Eds
Trump White House Quietly Releases Overdue Regulatory Cost-Benefit Reports
The long-standing presumption that national top-down regulation of the economy from Washington brings substantial net benefits dominates public policy. But how much timely review…
USA Today
Has Trump Fulfilled His Pledge to Turbocharge Job Growth, Revive Manufacturing? Many Say No
USA Today cites CEI on regulatory reform and the Trump administration: The Trump administration has scrapped dozens of environmental, labor, financial and other…
The Washington Examiner
Unconstitutionality Index: Swamp Imposed 20 Regulations for Every Law over Decade
The Washington Examiner cites Vice President for Policy Clyde Wayne Crews on the “Unconstitutionality Index.” In detailing his “Unconstitutionality Index,” Clyde…
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