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”…
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At Brookings, Susan Crawford Fostering Internet Competition
Yesterday, the Brookings Institute held a panel that purported to discuss “Fostering Internet Competition”. But who is to do the fostering? Federal regulators, of course.
Daily Caller
Missing: Regulatory transparency
Every spring and fall, as certain as the turning of the seasons, the General Services Administration’s Regulatory Information Service Center (RISC) issues a new edition…
Blog
Liberal Lawmakers To Rethink California “Green Chemistry”
California's Green Chemistry regulations have proven so unruly even the state's liberal lawmakers have begun to question the cost. The state legislature passed the…
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RIP Prince Roy of Sealand, Seasteading Pioneer
For as long as there have been states, there have been people seeking to escape state authority. Throughout most of history, such escape has meant…
Blog
Where Is Obama’s Unified Agenda Of Federal Regulations?
Two primary federal documents by which we judge the regulatory record of the administration are missing in action this year. We at least can say,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from background checks for volunteers to silky sharks .
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
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment