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”…
Search Posts
Blog
Unions Plead for Changes to Obamacare, Citing Lost Wages and Benefits
The Wall Street Journal reports today that the leaders of three major labor unions are asking Congress to make fundamental changes to Obamacare, saying that without such changes, it will…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from apartment building energy usage to when truckers have lunch.
Blog
The Apple E-Book Ruling and Antitrust Absurdity
A recent ruling against Apple over its e-book pricing policies highlights the absurdity of antitrust laws, as I point out in the Daily Caller:…
Blog
CEI Podcast for July 11, 2013: Farm Bill Controversy
Adjunct Fellow Fran Smith breaks down the controversy surrounding this year's farm bill.
Blog
Scientists Warn of Dangers of “Precautionary Science”
Eighteen scientists recently weighed in on the unscientific and dangerous nature of the so-called “precautionary principle” in the July issue of the journal Food…
Blog
Senate Committee Passes ENDA, Which Would Lead to Meritless Litigation and Erode Free Speech
A Senate Committee has voted 15-to-7 to approve the Employment Non-Discrimination Act, "a bill that would prohibit employers from discriminating against workers on the basis…
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