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 rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
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…
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This Week in Ridiculous Regulations
It was another volatile pre-election week. A still-symptomatic President Trump returned to the White House from Walter Reed hospital during prime time. More key…
Blog
This Week in Ridiculous Regulations
President Trump’s COVID-19 diagnosis marked the first of what will likely be many October surprises. Congress agreed on one spending bill to avoid another…
Forbes
Federal Paperwork Consumes The Equivalent Of 16,267 Human Lifetimes
As the latest edition of the federal Information Collection Budget of the United States Government(ICB) from the White House Office of Management…
News Release
CEI Experts Applaud Sens. Lankford, Johnson, and Portman for Independent Regulatory Commission Legislation
On Thursday, Senators James Lankford (R-OK), Ron Johnson (R-WI), and Rob Portman (R-OH) introduced the Pandemic Preparedness, Response, and Recovery Act. The…
Blog
Senators Introduce Regulatory Commission Bill
CEI’s approach to regulatory reform has an overarching theme: It is not enough to get rid of this or that harmful regulation. For the…
Forbes
Trump’s Executive Order 13,891 Creates Portals For Federal Agency Guidance Documents; And Here They Are
In a leap forward for governmental disclosure and accountability, federal agencies late last year were directed to scrub their guidance documents and post online…
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