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…
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Blog
Regulatory Reform in the 118th Congress: The ALERT Act
Transparency is a vital part of good government. It is also lacking in the regulatory process. H.R. 262, The All Economic Regulations are…
News Release
Biden Budget Amounts to Top-Down Central Planning, Lacks Needed Reforms
President Biden today unveiled his latest budget submitted to Congress. CEI experts take a dim view of the agenda of excess spending and…
Blog
This Week in Ridiculous Regulations
CEI published a new paper on right-to-repair legislation and held a hill briefing about regulatory reform and other topics. Meanwhile, agencies issued…
Forbes
Biden’s 2024 Federal Budget Proposal Extends Helicopter Government
It appears that instead of a federal fiscal budget that sticks to the basics, we are growing accustomed to an ambitious central government that…
Blog
Regulatory Reform Bills in the 118th Congress: The Article I Regulatory Budget Act
The federal government is supposed to put out an annual budget to track its spending. Why doesn’t it do the same thing for regulation?…
Forbes
Regulation Without Representation: A Quick Revisit Of The “Unconstitutionality Index”
Administrative agencies rather than the elected Congress do the bulk of U.S. lawmaking despite the strictures of Article I of the…
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