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
NH Insider
Congress May Roll Dice and Legalize Internet Gambling
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s "Restoring American Financial Stability Act," the financial regulatory "reform" bill that after filibustering for…
News Release
Failed Bank Bill Filled with Unintended Consequences for Main Street
Washington, D.C., May 19, 2010 – After the Senate today defeated a major banking regulation bill, CEI issued the following statement by John Berlau,…
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s “Restoring American Financial Stability Act,” the financial regulatory “reform” bill…
Blog
How Much Would a Congressional Pay Cut Save?
Rep. Ann Kirkpatrick is proposing a 5 percent pay cut for members of Congress. For every $816,502 the federal government spends, that would save one…
Newsletter
Immigration Reform, SCOTUS and “Market Fundamentalism”
The New York Times reports that younger people are more likely to favor liberalized immigration policy than the baby boomer generation. The Supreme Court’s decision…
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