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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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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CEI’s Battered Business Bureau: The Week in Regulation
40 new regulations, from solid waste to washing machines.
Blog
Free to Prosper: Top Priorities for the 114th Congress
With the start of the 114th Congress comes a fresh opportunity to address the challenges created by a broken government. To kick off this new congressional…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Happy New Year to all of our regulatory followers! Wayne Crews previously summed up 2014’s year-end statistics in this post. Among the highlights are 3,541…
The Blaze
Obama’s Abuse of the Veto Makes Him an ‘Imperial President’
Just a few days into the new Congress, and President Barack Obama already has made three—count ‘em—credible veto threats. Representatives and Senators had barely started…
Forbes
CES And A Case For Separation Of Technology And State
As the 2015 Consumer Electronics Show (CES) winds down, there’s a lot of stuff you probably hope doesn’t stay in Vegas. Creative contributions to the…
Human Events
Welcome to 2015 and the Year of the Regulators
The tinsel had hardly fallen from the trees and the family reunion squabbles barely subsided—and the Washington Redskins’ disastrous season just ended—before two Washington Post…
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