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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Morning Media Summary
Tech: Google in new partnership with the Post: “We live in an evolving market and is going from being a letter to the…
Citation
SEC ‘Proxy Access’ Rule Could Empower Unions, Political Activists
Op-Eds
Obama’s War on Free Checking
“Free checking as we know it is ending,” says the lead paragraph of a widely read and tweeted story from The Associated Press. Noting…
Blog
New CEI Podcast — October 21, 2010: Relic of Prohibition
CEI Director of Insurance Studies Michelle Minton analyzes proposals to privatize Virginia's liquor stores.
Blog
General Motors’ Losses Hidden by Deferral of Union Pension Obligations
Any General Motors bonds issued this year will be classified as junk by a key ratings agency. Why? There’s some risk GM will go…
Blog
The Free Checking Restoration Act of 2011
“Free checking as we know it is ending,” says the lead paragraph of a widely-read and tweeted story this week from the Associated Press.
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