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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Time To Extinguish Flame Retardant Hype
Flame retardants are making headlines these days thanks to an “exposé” — more properly characterized as an unsubstantiated smear campaign — published as a…
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Equal Pay Should Be For Equal Work, Not Unequal Work
Yesterday, I criticized the assumption that people should receive equal pay for unequal work, such as requiring the average woman to be paid exactly…
Blog
When Wage Gaps Are Fair
When I and my wife first got married, she worked shorter hours than I did, and used her additional time outside the workplace for activities…
American Spectator
Needed: Judicial Activism
When it comes to the issues, it’s much harder than it should be to find substantive differences between President Obama and Mitt Romney. One potential…
Blog
Alcohol Regulation Roundup: Dog Days Edition
These days in D.C., the mercury regularly rises above the 90-degree mark right along with most of the U.S. As unpleasant as it might be…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
68 new rules, from health care to Glasflugel gliders.
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