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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Forbes
Here’s How Obama’s Pen and Phone Can Shrink The Federal Government Instead
This week is the deadline for filing public comments on the 2014 edition of a somewhat obscure annual publication called the Draft Report to Congress…
New Jersey.com
Spare the Tire and Spoil the Trip: Another Awful Idea from the Feds
All this to save the mere 30 pounds that a space-saver spare weighs? That sure sounds nutty to me. It also sounds nutty to Sam…
News Release
CEI Files OMB Comments on How to Better Track Costs and Benefits of Regulations
CEI Files OMB Comments on How to Better Track Costs and Benefits of Regulations Calls on President Obama to Use Pen-and-Phone…
Comment
The Federal Office of No
Read the Full Comments Here President Barack Obama’s 2014 State of the Union Address capped many weeks during which he and his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register burst past the 50,000-page mark with Friday’s 878-page effort, which also contained 21 final regulations and four “significant” documents.
Blog
Voter Ignorance and Political Reform
If you’re a voter in Los Angeles, you just may wind up with an unexpected windfall the next time you cast your ballot. The Los…
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