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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from Panama to refrigerants.
Augusta Chronicle
Is The Private Sector Supposed to Serve Only Government? Of Course Not
For example, Wayne Crews of the Competitive Enterprise Institute, in his latest compendium on federal regulations (Ten Thousand Commandments), alone estimates that their compliance…
Blog
No, Gov. Perry, a Ban on Internet Gambling Won’t Protect the Internet or Individual Freedom
In an attempt to save face, Texas Governor Rick Perry is trying to justify his support for a federal online gambling ban by claiming that it’s the…
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Export-Import Bank Subsidizes the Western World
On its “About Us” page, the Export-Import Bank gives us its purported mission: “Ex-Im Bank does not compete with private sector lenders but provides…
Blog
Red Tapeworm 2014: The Federal Government “Eats” 31 Percent Of The U.S. Economy
This is Part 6 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
Congress Must End Department of Transportation’s Abuse of “Unfair and Deceptive Practices” Authority
The Department of Transportation is opening a rulemaking proceeding to, among other things, require airlines and ticket agents to include ancillary fees (for, e.g.,…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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