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
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…
Blog
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”…
Search Posts
Blog
CEI Podcast For April 11, 2013: Reining in Unfunded Mandates
Vice President for Policy Wayne Crews warns that the higher the deficit goes, the more tempted the federal government is to resort to unfunded mandates,…
Blog
Time To Rein In Unfunded Mandates
In today's Investor's Business Daily, Wayne Crews and I point out that the higher deficits go, the more tempting it becomes for Congress to resort…
Blog
Who Profits From Alcohol Taxes?
While there appears to be no acceptable level of alcohol consumption to participants at the Alcohol Policy 16 Conference, which met last…
Blog
Obamacare Strangles Job Creation, Stifles Medical Innovation
Earlier, I wrote about the dismal March jobs report and how high unemployment has been masked by rising numbers of discouraged workers and people…
Blog
Americans Reject Actual E-Verify System
Imagine there was a free program that could guarantee for employers a legal workforce and eliminate illegal immigration. Would you favor such a system? Yes…
Blog
Protectionist Law Proposed In New York Would Hit Wine Consumers Hardest
While most states are desperately trying to figure out ways to encourage business development and reduce the cost of consumer goods, New York is considering…
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