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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Fox News
Eight Ways to Keep People Out of Work
Fox News cites Wayne Crews's article on the cost of regulatory burden to make the case that ignoring the costs of regualtion will keep peolple…
Blog
Regulation Roundup
Massage parlors are illegal in well-named Horneytown, North Carolina, plus more.
Fox News
Debit Durbin
Read the headlines — and your bank statement — and weep, but don’t say TAS didn’t warn you. As I detailed here in February…
Fox News
Today’s Red Tape Would Have Killed Home Depot’s IPO
Your editorial “The Anti-Solyndras” (Sept. 22) is right on target in detailing the devastating impact of the Sarbanes-Oxley Act of 2002 on job and…
Blog
Right on Cue
In this morning's CEI Podcast, my colleague John Berlau predicted that the new price cap on debit card swipe fees would lead to the end…
Blog
CEI Podcast for September 29, 2011: The End of Free Debit Cards
Every time you use your debit card, the merchant has to pay a fee to the company that issued your card, usually about 1 percent…
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