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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CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from organic food residue to amateur rocketry liberalization.
Blog
D.C. Councilmember Mary Cheh Still Doesn’t Understand Driverless Cars
Last Sunday, The Washington Post published my op-ed criticizing the approach taken by Councilmember Mary Cheh's introduced legislation to legalize driverless cars in Washington,…
Blog
The Election Is Over: What Now For Regulation?
A midnight rush is on the way, though it will likely be smaller than if Romney had won the election.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from dishwashers to falconry.
Blog
Alabama Unions Vs. Privacy: Organized Labor’s War On The Secret Ballot
By Matt Patterson and Crissy Brown Tomorrow, Alabamans will have the opportunity to enshrine the secret ballot into their state constitution. A proposal before voters called Amendment…
Blog
“Status-Quo-ism” Of Italian Politicians Is Economically Perilous
Italian media report all sides of Italy’s political spectrum are calling for early elections. Unfortunately, that means a return of the unreformed Italian political class…
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