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.
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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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A New Year of Regulation: Obama’s Record-Setting Federal Register
[caption id="attachment_72593" align="alignleft" width="168"] Duly Enacted Laws vs. Unaccountable Regulation. The Federal Register runs wild. The federal government spends heavily; it also regulates heavily.[/caption] The Federal…
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Target Breach — Are Dodd-Frank “Swipe Fee” Price Controls to Blame?
Target wants you to know it is oh-so-sorry for any inconvenience its data SNAFU (as OpenMarket is a family blog, please look up the…
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CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from charitable donations to video programming for the blind.
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Volcker Rule Overshoots Wall Street to Hit Utah
You might think after the disastrous debut of HealthCare.gov and thousands of insurance cancellations, those who call themselves progressives might just have a little humility…
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Cataloging Washington’s Hidden Costs, Part 4: The Costs of Poor Regulatory Sausage Making
In the first installment of “Cataloging Washington’s Hidden Costs,” the focus was the loss of liberty in…
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CEI Podcast for December 18, 2013: The FDA Goes after 23andMe
The Food and Drug Administration recently banned 23andMe, a genetic testing service, from marketing its product to consumers. CEI Executive Director and Senior Fellow Gregory…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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