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
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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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Card Check Loses Support, but Threat Isn’t Over
Today in The Wall Street Journal, Kimberley Strassel dissects the shifting political prospects for the Employee Free Choice Act (EFCA), commonly known as the…
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Prediction 2009: No Net Neutrality Regulation
Perhaps this is just wishful thinking, but I think that 2009 may see the death of calls for net neutrality regulation and may even see…
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CEI Planet: January – February 2009
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: From The…
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Davis-Bacon from the Pork Barrel
In today’s Wall Street Journal, the Brookings Institution’s Clifford Winston points out some critical pitfalls likely to face the infrastructure spending element of President-elect…
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Jail Time for Conflict of Interest?
David Bruggeman at Prometheus has what I think can only be described as an extreme view of conflict of interest: An Emory University Researcher…
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Madoff: Hiding in Plain Sight, Thanks to SEC
Contrary to popular belief, Madoff's $50 billion Ponzi scheme was subject to to a variety of financial regulations, something he actually used as a selling…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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