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”…
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Techno-Phobic California Politicians “NHTSA” Google’s Driverless Car
Last week, I wrote about Google’s amazing new self-driving car, which CEI General Counsel Sam Kazman and I had the opportunity to test-ride in…
Blog
Congress Must End Taxpayers Vulnerability to Government Waste
Fraud and abuse continue to be a barrier to effective government. According to the Cato Institute’s 2009 report, fraud or improper payments in government…
Blog
Regulating Obama’s Regulators — And Those of Future Presidents
This month, President Obama released a new Executive Order building upon and making permanent the quest for regulatory savings in his…
Blog
A Fit of Sanity on ITAR
Over at Space Politics, Jeff Foust reports that the House has passed a bill allowing the administration to remove satellites from…
Hawaii Reporter
Grassroot Perspective: Regulators Run Wild, the West Side’s Story, and More
From Malia Hill's column in The Hawaii Reporter: Credit must be given to whoever thought up the title for the new report on…
Blog
Facebook, Overregulation, and the “Cheers IPOs”: Unshackling the Next Facebook and Its Investors
Whether or not a retail investor buys shares of Facebook when it finally goes public tomorrow -- and OpenMarket provides public policy, rather than investment,…
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