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”…
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Publication
The Cure For Regulation Destabilization
If U.S. federal regulation were a country, it’d be the tenth largest, right there between Italy and India. For the typical family that regulatory cost…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 35,000-page mark last week. New regulations cover everything from tariffs on foreign cheese to dental implants to fireworks shows.
Personal Finance Hub
Report finds regulation compliance costs businesses $1.86 trillion
Over the past several years, think-tanks and market-related organizations have released reports that have given the United States low grades when it comes to red…
Blog
Red Tapeworm 2014: The High Cost of Overcriminalization
This is Part 8 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
The Washington Times
DRIESSEN: What’s really behind anti-Keystone fanaticism?
Hedge fund billionaire Tom Steyer has promised to give $100 million to anti-Keystone Democrats, and Hollywood elites are lending their support and filmmaking skills to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Seventy-nine new regulations, from olive assessments to phone calls from prison.
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