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
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,…
Blog
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…
Blog
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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News Release
Clinton Budget Is Not The Full Story
Washington, DC, February 7, 2000 – President Clinton’s new fiscal year 2000 budget proposes to spend $1.84 trillion. While that enormous amount would absorb…
Products
OSHA: The 1970s Meet the 21st Century
The reaction certainly wasn’t what anybody expected, least of all at the Occupational Safety and Health Administration (OSHA). It was a simple letter in…
Study
Regulating Greenhouse Gases: Will EPA Take a Dive?
The International Center for Technology Assessment (ICTA) wants the Environmental Protection Agency (EPA) to regulate carbon dioxide. This fall, ICTA, an anti-technology group…
Op-Eds
A Cowboy Economy?
On recent trips to Europe, I’ve become increasingly aware of a reality disconnect between the way America is and the way we’re viewed…
Study
Federal Reinsurance for Homeowner’s Insurance: Another Capitol Hill Disaster.
Storm clouds over Capitol Hill. House Banking Committee members are teetering on the brink of triggering a mega-disaster this week that is pointed…
Op-Eds
An Antitrust Division Run Amok (Letter to the Editor)
I would have happily signed a letter urging a cap on the Depart ment of Justice’s Antitrust Division budget if I’d been asked [`Hardball and Windows,” op-ed, Oct.
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