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 Podcast for May 3, 2012: Paving the Way for Innovation and Job Creation
Unemployment remains stubbornly high, more than three years after the financial crisis hit. John Berlau, CEI’s Senior Fellow for Finance and Access to Capital, suggests…
Blog
Center-Right Coalition Calls For Credit Union Deregulation to Lift Lending
The recent viral video sensation "If I Wanted America to Fail" confirms that the regulatory state is a major focal point for the center-right…
Blog
Court Rules State Biotech Food Labeling Mandates Preempted By Federal Law
It’s been a few years since biotech foods have been regular front page news. The anti-technology activists cried wolf a few too many times, and…
Blog
Student Loans Drive Up Tuition, Create Demographic Time Bomb and Higher-Education Bubble
Professor Glenn Harlan Reynolds writes in the New York Post about how student loan programs have contributed to skyrocketing debt and rising defaults:…
Blog
The Deregulator Who Wasn’t
Washington Examiner columnist Conn Carroll refutes President Barack Obama’s attempt to blame the nation’s ongoing economic problems on his predecessor. In a recent interview,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations passed last week, covering everything from Medicare to fishing for northeast skate.
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