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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National Center for Policy Analysis
Instant Reform: Measure the Hidden Tax of Regulation
The National Center for Policy Analysis discusses Wayne Crews's research on what Congress should do about the growing size of the regulatory state.
Blog
Maryland Considers Privatizing Liquor Sales
The only place residents of Montgomery County, Maryland, can purchase liquor is in county-owned stores, which until recently were only open six days a week.
Blog
November 24: National Opt Out Day
OptOutDay.com the website and group is urging air-travelers on November 24 (one of the busiest travel days of the year) to refuse to submit…
Blog
Morning Media Summary
Tech: Cubans upset at video game that aims to kill Fidel Castro: “Cuba’s state-run media and bloggers are not amused at “Call of…
Blog
CEI Podcast – November 11, 2010: Taxing New IRS Regulations
Fellow in Regulatory Studies Ryan Young explains how an IRS proposal for mandatory certification of tax preparers would hurt consumers and taxpayers.
Blog
Obama’s Labor Department Again Pushes Forced Unionism
You are at work one day and a couple of police vehicles pull up. They go into the administrative office area and the next thing…
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