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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Newsletter
The Lessons of the Meltdown, Attacking the Tea Parties and Texting Safety
Former Wall Street Journal editor George Melloan takes on the recent economic meltdown in a new book. A new online campaign aims to fight the…
Blog
An alternative to laws against texting while driving?
You can put on makeup while driving, fiddle with your GPS and iPod or reach back to pinch your annoying kid in the back seat,…
Blog
Regulation of the Day 107: Blowing Your Nose While Driving
It's a good idea to be in control of your car when you're driving. This good idea is also law in most places. But sometimes…
Blog
Maryland Legislators Seek to Jack Up Child Support Levels, Based on Bogus Inflation Rationale
A bill, SB 252, was just introduced in Maryland to increase child support obligations for households at most income levels–a massive…
Blog
State of the Union Live-Blog
Welcome to CEI's live-blog of the 2010 State of the Union address.
Blog
Regulation of the Day 106: Clotheslines
Some homeowners' associations ban clotheslines. For people who would like to use clotheslines and aren't allowed to, this presents a problem. Now regulators want to…
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