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
Obamacare and Activist State Courts Drive Up Health Plan Costs
The so-called rate shock from Obamacare has hit Ohio. The state’s Department of Insurance announced last Thursday that the average individual-market health insurance premium…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
93 new regulations, from tanning taxes to wine labels.
Study
Avoiding the Regulatory Cliff
Full Document Available in PDF A Bipartisan Agenda to Restore Limited Government and Revive America's Economy Whether you are new to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
72 new regulations, from federal pecan insurance to avoiding collisions at sea.
Blog
CEI Podcast for June 6, 2013: Making Passenger Rail Affordable
Fellow in Land-use and Transportation Studies Marc Scribner discusses a new CEI study arguing that regulations make passenger train cars unnecessarily expensive.
Blog
France Needs a “Power-Up” When It Comes to Labor Reform
In its annual country report released on Monday, the IMF turned up the heat on France for labor reform. The Washington-based lender called for…
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