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
The week in regulations: Library pictures and aerobatic airplanes
The Iran war entered its fourth week. ICE agents might be reassigned to airport security. The Federal Reserve held interest rates steady. President Trump expressed…
Blog
Free the Economy podcast: Enduring policy principles with Richard Stern
In this week’s episode we cover housing affordability, labor unions and train safety, the late Paul Ehrlich (1932-2026), and the late…
Blog
Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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News Release
Shadow Insurance Regulation Committee Statement on Regulatory Restructuring
Washington, DC, May 5, 2000 – The Shadow Insurance Regulation Committee concludes that the two main objectives of any restructuring of insurance regulation…
Op-Eds
Gorging on Regulations
Congress is now debating the $1.8 trillion federal budget. While federal spending consumes an awesome 18 percent of nation’s economic product, the official budget at least…
News Release
Shadow Insurance Regulation Committee issues statements on Commercial Insurance Deregulation, Workers’ Comp, and Electronic Comm
Washington, DC, April 19, 1999 – The Shadow Insurance Regulation Committee issued three statements of consensus today, concerning commercial insurance deregulation, workers’ compensation…
Products
Regulatory Budget Check
However controversial the $1.7 trillion federal budget may be, taxpayers know what Washington officially spends in the congressionally approved budget. That places some…
Products
Proposed Regulatory Report Card
Regulatory Report Card Recommended Official Summary Data by Program, Agency, and Grand Total …with 5-year historical…
Op-Eds
Regulatory Cost Balance Sheet
A new report to Congress by the Office of Management and Budget (OMB) finds that health, safety and environmental regulations cost between $174 billion and…
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