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”…
Search Posts
Op-Eds
Credit Card Act Hits Cardholders, Entrepreneurs
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect and is being hailed as a boon for consumers.
Blog
Regulation of the Day 116: Doodling on Desks
Alexa Gonzalez, 12, was arrested and put in handcuffs for writing "I love my friends Abby and Faith. Lex was here 2/1/10 :)" on her…
Blog
We’re not #1 and it’s okay
Internet access is not a right. It is a privilege; one that we pay for. FCC Chairman Julius Genachowski, while not explicitly demanding high-speed Internet…
Blog
Regulation of the Day 115: Pancake Races
The secret to winning is to cross the finish line before your opponents do. That usually means running. The problem is that sometimes, running violates…
Blog
CEI at CPAC this week!
CEI is co-sponsoring the annual Conservative Political Action Conference in Washington, DC, which is expecting to draw a crowd of some 9,000 -10,000 people…
Blog
Not-so-Happy Stimulus Anniversary
The Obama administration and its allies are trying their hardest to put a happy face on the first anniversary of the the gargantuan $787-billion stimulus…
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