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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CEI’s Battered Business Bureau: The Week in Regulation
Seventy-four new regulations, from spearmint oil to insurance exchanges.
Blog
Red Tapeworm 2014: Federal Regulatory Agenda Consistently Tops 3,000 Rules
This is Part 19 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In addition to 100 final regulations, 62 proposed regulations made their way to the Federal Register last week.
Human Events
Of Obsolete Regulations and Post-Prohibition Haggis
What comes to mind when you think of Scotland? Bagpipes, certainly, perhaps Scotch whisky, maybe William Wallace (or at least a version that looks suspiciously…
Forbes
Techno-Libertarianism: Building The Case For Separation Of Technology And State
Can we keep government’s hands off the technology frontier? I like to think it makes sense that libertarianism—or classical liberal ideas–would resonate in places like…
Blog
Red Tapeworm 2014: When Regulations Get Delayed
I tend to think bureaucratic regulation often creates tremendous harm, so it’s interesting when those who disagree decide to hold off on regulation when it…
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