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
Regulation Vs. Jobs: Assessing The Employment Impact Of Rules and Regulations
One might think there’s some official acceptance that the thousands of regulations issued annually in Washington have a dampening impact on job creation. But no;…
Blog
Obama’s Dangerous Italian Labor Rhetoric
[caption id="" align="alignleft" width="260"] President Obama spoke in Detroit on Monday[/caption] President Obama condemned yesterday Michigan’s forthcoming transition to a right-to-work state. He claimed,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
94 new regulations, from apricots to civilian flights in Iraq.
Blog
CEI Podcast For December 6, 2012: Rising Public Sector Pay
Senior Fellow Matt Patterson discusses why public sector workers make substantially more money than their private sector counterparts.
Blog
When Gridlock Is Good: The Case Of The Toxic Substances Control Act
When it comes to traffic, gridlock is never good. And in politics, it's a big problem when lawmakers can't agree on a plan to rescue…
Blog
Beyond The Fiscal Cliff, Bipartisan Regulatory Reform
If I'm reading this right, the Progressive Policy Institute wants to roll back some over-regulation. It's not clear how much, but it does seem to…
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