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
How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
Blog
The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Search Posts
Blog
This Week in Ridiculous Regulations
The last week saw another political convention, another police shooting, and two hurricanes. There was at least one major positive story, though. Polio has finally…
Forbes
What Comes After Trillion? Coming To Terms With The Impenetrable Costs Of Government Intervention
“We print it digitally,” Federal Reserve Chairman Jerome Powell said of money. They sure do. Real…
Blog
This Week in Ridiculous Regulations
The spring 2020 Unified Agenda was published on August 17. Due four months ago, it collects every rulemaking agency’s plans for upcoming regulations. The number…
National Review
App Shrugged: Will Uber Go Galt in California?
The rideshare company Uber is threatening to end its operations in California entirely if the Golden State forces the company to classify all its drivers as…
Blog
This Week in Ridiculous Regulations
Kamala Harris was announced as the Democratic dvice-presidential candidate, a massive storm swept through the Midwest, and Congress is out of session until September. The…
News Release
Regulatory Report Card Act Brings Accountability to Government, Wins Praise from CEI Expert
Rep. Paul Gosar (R-Arizona) introduced a Regulatory Report Card Act directing the Comptroller General of the United States to issue regulatory scorecards to agencies. The…
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