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…
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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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Dept. of Labor to Send Ag-Youths A’packin’
Regulatory war has been waged against another job-creating sector of the American economy. The U.S. Department of Labor has set forth new proposals restricting children…
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Christmas Liquor Bans: Is Your State on the List?
If you were planning to go-a-Wassailing along this Christmas, you may want to read this post carefully so that you can plan your booze-buying accordingly…
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Regulation Roundup
Boy, 7, kicks bully in the groin, school officials threaten sexual harassment charges, plus more.
Blog
NLRB Drops Case against Boeing – Finally
Today, the National Labor Relations Board (NLRB) announced that it has decided to drop its case against Boeing, over the airplane manufacturer’s opening of…
Blog
CEI Podcast for December 8, 2011: House Passes the REINS Act
Vice President for Policy Wayne Crews talks about the impact REINS could have on increasing transparency and accountability. He also offers up a few more…
Op-Eds
Labeling Of Biotech Foods Is Unnecessary And Unconstitutional
This piece was co-written with Henry Miller. Should the government require that labels on cans of marinara sauce contain information about whether the tomatoes in…
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