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
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Search Posts
Blog
Bidenomics? Here are the 297 costliest rules in the president’s Spring 2023 Unified Agenda
Federal agencies issue thousands of rules, regulations and guidance documents every year compared to the relative handful of laws enacted by…
Comment
OMB’s Problematic Circular A-4 Rewrite
OUTLINE Discard the pro-regulatory bias of the federal government Restore regulatory streamlining prior to Circular A-4 rewrite Restore the $100 million threshold for…
Comment
CEI Comments on Proposed Circular A-4, Regulatory Analysis
Dear Administrator Revesz: I appreciate this opportunity to provide comments on the proposed Circular A-4, “Regulatory Analysis.”1 The focus of my comments is…
News Release
House passes sensible regulatory reform bills to shrink power of the administrative state
Earlier today, the House passed 220 to 211 the Separation of Powers Restoration Act (SOPRA) sponsored by Rep. Scott Fitzgerald…
Blog
New Biden White House Agenda shows 3,666 rules in regulatory pipeline
The Spring 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions has been released. A fall version of this twice-yearly document will also contain…
News Release
U.S. House passes legislation to preserve consumer choice in kitchen appliances
The U.S. House of Representatives passed HR 1615 today, a bill that would protect Americans ability to choose the type of stove they want…
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