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
Telecom Regulation, Maritime Recycling and the Economics Nobel
The Federal Communications Commission moves to regulate telecom networks in the name of “net neutrality.” Italian police investigate illegal disposal of “toxic” shipwrecks. Experts continue…
Blog
Net Neutrality at 28 kilobits per second.
Why didn’t the Federal Communications Commission impose net neutrality a decade ago? We don’t need all this multimedia and advanced services. They finally caught…
Newsletter
Health Care Competition, Financial Regulations in Court and Net Neutrality
The House Judiciary Committee votes to strip antitrust protections from health insurance companies who share risk information. Prominent officials and scholars endorse CEI’s Supreme Court…
Blog
Regulation of the Day 64: Starting a Business in Sacramento, California
The human mind is capable of creating limitless, endless wealth. The human mind is nearly as adept at preventing that wealth from being created. Sacramento…
Blog
A Cure Worse than the Disease
As I explain in a new CEI paper, which is out today, most of the alleged cost-cutting measures in the Baucus bill merely shift costs…
Blog
More Hypocrisy Regarding FTC Blog Regulations
Michael Masnick at Techdirt offers up another incidence of government inconsistency in light of the FTC’s blog-watching rules, reminding us that “…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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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
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