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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Blog
CEI Weekly: EPA Ponders Axing Whistleblower’s Department
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week’s focus is on reports from InsideEPA.com that the EPA might axe…
Newsletter
Wireless Probe, Nanotechnology Funding and Ted Kennedy, RIP
The Federal Communications Commission launches a three-part investigation into competition in the wireless industry. The National Science Foundation dispenses new grants for nanotechnology research in…
Blog
Regulation of the Day 41: The Color of Beer Cans
Having already solved all of the country's economics woes, the FTC now has time to threaten to step in and stop Budweiser from selling cans…
Blog
Nanotech: Innovation or Stagnation?
In the long run, a competitive, cut-throat market process driven by innovation is better for consumers than if government were to fund and direct research.
Blog
Ted Kennedy’s Deregulatory Legacy on Airlines and Trucking
Tributes are pouring in for Edward M. "Ted" Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Blog
Regulation of the Day 40: Flying a Plane
Want to fly a plane? The FAA just published 72 pages worth of changes to its already extensive certification rules. 173 changes in all.
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