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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
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Unconstitutionality Index going into 2024: 46 rules for every law
The Biden’s administration’s 3,018 rules and regulations of 2023 is fairly typical of agency output these days. But while rule counts remain relatively…
Blog
American small businesses are paying through the roof for regulations
In a new column at Forbes, I take look at the National Association of Manufacturers’ (NAM) update of its …
Yale Journal on Regulation
CEI Report on Agency Adjudication Reform
CEI’s Ryan Young and Stone Washington were cited in Yale Journal on Regulation in relation to a new CEI Report on Agency Adjudication Reform:…
News Release
Biden’s Unified Agenda report on regulations has two main problems
On December 6, the White House Office of Information and Regulatory Affairs at last released its regulatory blueprint for the coming year, the…
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Equity shmequity: How US government’s ‘discounting’ policy hurts the global poor
The Office of Management and Budget (OMB) recently finalized its Circular A-4 guidance on regulatory analysis, constituting the first update to the guidance…
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Ten Thousand Commandments 2023 is out now
The 2023 edition of CEI’s flagship annual study, Wayne Crews’s Ten Thousand Commandments, is out now. For those not familiar, 10KC gives a…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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