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
Blog
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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Forbes
The Least Sexy But Most Urgent Economic Reform Remains Ignored In The Presidential Campaign
Despite the federal government’s unabated growth, the most significant domestic policy landscape change has been shutting off the the power to the Social Security third…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
85 new regulations, from prairie dogs to corporate jets.
Blog
CEI Podcast For August 2, 2012: Cybersecurity Bill Fails
Today the Senate shot down a controversial cybersecurity bill that Associate Director of Technology Policy Studies Ryan Radia believes would have been a disaster.
Blog
The Great Hollywood Swindle
When is a market not a real market? When it trades in fake goods — products or services that could not exist if government didn’t…
Blog
EPA Attack On Asthmatics Coming To An End?
CEI warned policy makers a couple decades ago that an Environmental Protection Agency (EPA) phase out of over-the-counter sales of CFC containing asthma inhalers…
Blog
Regulation Of The Day 225: Boobie Pillows
Kern County, California's government takes morality very seriously. Chapter 9.12.010 of the County Code states that “No vendor shall vend stuffed articles depicting the female…
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