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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Why FAA’s Child Seat Campaign Is Deadly
Federal law allows airline passengers with children under the age of two to travel with their children on their laps. This option, which has existed…
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Earth Day: The Greener Side Of Growth
Over at Topix.com, my colleague Geoffrey McLatchey and I argue that the biggest factor for improving environmental quality is wealth creation.
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EEOC: A Scofflaw That Poisons The Climate For Hiring
One way the current political climate discourages hiring is by turning problem employees into potential lawsuits for the employers who take the risk…
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CEI’s Battered Business Bureau: The Week In Regulation
86 new regulations, from sorghum ethanol to training miners.
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CEI Podcast For April 18, 2013: CISPA Is The Wrong Approach To Cybersecurity
Today, the House passed the Cyber Intelligence Sharing and Protection Act of 2013 (CISPA). Associate Director of Technology Studies Ryan Radia opposes the bill.
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The Train Wreck That Is Obamacare
At least one union that supported passage of Obamacare, is now calling for its repeal. As The Wall Street Journal notes, the United…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment