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
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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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Two Decades of Regulatory Growth
Over at The American Spectator, Wayne Crews and I marvel at how much the regulatory state has grown over the last twenty years. We also…
Blog
Pennsylvania’s Liquor Privatization Plan Forgot about the Beer
Beer wholesalers are testifying yesterday morning in the Pennsylvania Senate, expressing their opposition to the proposed plans to privatize the state-run liquor store system.
The American Spectator
Twenty Years of Non-Stop Regulation
Twenty years ago saw the release of the first edition of Ten Thousand Commandments, an annual report that tracks the cost and scope of the…
Blog
George Will on Ten Thousand Commandments
George Will's latest column highlights the main findings of Ten Thousand Commandments.
Blog
European Skepticism of Minimum Wage Falls on Deaf Ears in America
Spain’s central bank—operating within the European country with the highest rate of unemployment—just recommended to the government in Madrid a suspension of the minimum…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from Cotton taxes to endangered Hawaiian plants.
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