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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Uncertainty and New Regulatory Burdens Hinder Recovery
Since 2011, the Obama administration’s Office of Information and Regulatory Affairs (OIRA) has been reviewing significantly fewer rules than in prior years and taking longer…
Blog
Her Majesty’s Initiative: Innovation for All?
On Monday, the Financial Times published an editorial praising the United Kingdom’s government for its “provisional approval” of a new in vitro fertilization (IVF)…
Forbes
On Independence Day — How Free Are You, Really?
As reported in Reason by Ronald Bailey, a recent study finds that “Federal Regulations Have Made You 75 percent Poorer.” The claim is that GDP…
Forbes
On Independence Day — How Free Are You, Really?
As reported in Reason by Ronald Bailey, a recent study finds that “Federal Regulations Have Made You 75 percent Poorer.” The claim is that GDP…
Blog
French Cheese Ban: An Attack on “Scientific Principles” in Violation of Treaties Protecting International Trade?
Earlier, we wrote about the U.S. government's de facto ban on the commonplace, perfectly healthy, normal-smelling French cheese mimolette (which I once confused with…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from school lunches to the legal definition of “ski area.”…
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