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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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
Blog
HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
Blog
It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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This Week in Ridiculous Regulations
Happy New Year, everyone. We’re doing a slightly different format this week, on account of the new year starting mid-week. With just two days’ worth…
Op-Eds
Trump White House Quietly Releases Overdue Regulatory Cost-Benefit Reports
The long-standing presumption that national top-down regulation of the economy from Washington brings substantial net benefits dominates public policy. But how much timely review…
USA Today
Has Trump Fulfilled His Pledge to Turbocharge Job Growth, Revive Manufacturing? Many Say No
USA Today cites CEI on regulatory reform and the Trump administration: The Trump administration has scrapped dozens of environmental, labor, financial and other…
The Washington Examiner
Unconstitutionality Index: Swamp Imposed 20 Regulations for Every Law over Decade
The Washington Examiner cites Vice President for Policy Clyde Wayne Crews on the “Unconstitutionality Index.” In detailing his “Unconstitutionality Index,” Clyde…
Forbes
Trump’ Year In Regulation, 2019
Today, Tuesday, December 31, 2019, is the last federal workday of the year. This presents an opportunity to review the heft of the Federal Register and its…
Forbes
The 2020 Unconstitutionality Index: 28 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation (see my 2019 overview), the number of rules from hundreds of federal agencies …
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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