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
Blog
FDA Regulation of Internet Drug Advertising
Today, CEI filed comments on a draft FDA guidance document advising prescription drug manufacturers on how to comply with regulations requiring the presentation of risk…
Blog
Bank Robbers for Transparency!
The news that the Federal Government has forced UBS to give up the details of 4000 of its customers’ transactions has other financial institutions…
Blog
Regulation of the Day 36: Buying American
The $787,000,000,000 stimulus contains a provision requiring the Department of Homeland Security to buy american textiles. Basically, that means TSA uniforms will go up in…
Blog
UBS Deal Only a Partial Victory for the Feds
Today, after a long and protracted battle between the U.S. and Swiss government, Swiss bank UBS AG agreed to turn over the names of at…
Newsletter
The Future of Coal, Rose Friedman and Florida Insurance
Environmental activists try to shut down and limit the use of coal-fired power plants. Economist and author Rose Friedman dies at age 98. Florida’s insurance…
Blog
Regulation of the Day 35: Doctors with Borders
In 49 states, it is illegal to practice medicine outside of the state in which you are certified. Tennessee is the lone state with an…
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