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…
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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
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Settlement: FTC Ends Google Antitrust Investigation
Today, the Federal Trade Commission (FTC) cleared Google of accusations of "Search Bias," and inappropriately harming rivals. The investigation lasted nearly…
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CEI Podcast For January 3, 2013: The Fiscal Cliff Meets The Costberg
Congress made an unsatisfying compromise deal this week to avoid falling off the fiscal cliff. But Vice President for policy Wayne Crews thinks this is…
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New Year, New Laws
More than 400 new laws came into effect today.
Blog
Chicago Voters Reelect Legally Insane Judge
In November, Chicago voters re-elected a legally insane judge charged with a crime of violence. "The Cook County Democratic Party…
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2012’s Year-End Regulatory Report Card
Both 2011 and 2010 finished with over 81,000 pages in the Federal Register, as tallied in Ten Thousand Commandments. These were the highest page counts…
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CEI’s Battered Business Bureau: The Week In Regulation
54 new regulations, from handling spearmint oil to drug testing railroad workers.
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