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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D.C. Council Bows to UFCW, Votes No on Walmart, Yes to High Prices
Washington, D.C., has some of the highest living costs in the country. Its metro area contains six of the nation’s ten wealthiest counties, making it…
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On Dodd-Frank’s 3rd Anniversary, “North Star” is Further Out of Reach
Over the weekend, President Obama hailed the third anniversary of the enactment of the Dodd-Frank “financial reform.” In his weekly radio address, the president…
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The Government’s Wasteful Obsession with Subsidized Homeownership
The government has spent vast sums of money promoting homeownership through subsidies, tax exemptions, and bailouts. For example, in prosperous Alexandria, Virginia, certain people who…
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CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Topeka shiners to room air conditioners.
Blog
Regulation of the Day 232: Pulling a Rabbit Out of a Hat
Marty Hahne has put on children's magic shows for almost 30 years. USDA regulations require both a license and a written disaster plan for his…
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The FTC’s Uneasy Relationship With Innovation
The Sherman and Clayton Acts form the backbone of U.S. antitrust policy. But another piece of legislation gives the government the power to regulate business…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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