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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Hidden Regulations Stifle Job Creation; EEOC Kills Jobs By Promoting Lawsuits
When reporters write stories about the cost of regulations, they only focus on regulations found in formal codes of regulations. But most regulations aren't formal…
Blog
Barney Frank’s Cognitive Dissonance on Liberties and Risk-Taking
Congress will certainly be different and, for the country, better with the absence of Rep. Barney Frank, who announced today he will not seek reelection.
Blog
Regulation of the Day 201: Playground Chatter
Quebec officials are starting to listen in on what children are talking about on school playgrounds during recess to make sure they are speaking French.
Blog
Update on FMCSA’s Proposed Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA), the agency tasked with writing and enforcing safety regulations for large trucks and buses, is due today to…
Blog
Are We Living in Post-Republic America?
Americans have the notion that liberty equals elections, and therefore feel themselves still living in a free country so long as elections proceed as scheduled. But the growth of government bureaucracy…
Blog
Is the Four Loko/FTC Settlement on the Rocks?
If you're a regular reader of OpenMarket.org, then you know we at CEI have written quite a bit on the issue of Four Loko.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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