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
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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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Response To Drescher On Cancer And Chemicals
Last week, Fran Drescher responded to my Huffington Post article on cancer trends, and today I posted a reply on the…
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Administration Notifies Congress That Trade Talks With EU Will Begin
Earlier today, the Office of the U.S. Trade Representative sent a notice to Congress that the Obama administration would begin negotiating a trade partnership…
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Bipartisan Dodd-Frank Derivatives Deregulation Advances In House — And Main Street Cheers
This afternoon, members of the House Agriculture Committee with strikingly different views on many issues came together to provide much need regulatory relief from the…
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Obamacare Harms Colleges And Their Employees
The University of Virginia is expecting a roughly $7-million bill for Obamacare's new employer penalties, said Susan Carkeek, the University's vice president and…
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What Cyprus (Initially) Got Right — Remembering The 2008 WaMu Capital “Run”
There's no shortage of criticism of the Cyprus "bail-in" -- the one-time tax the government had proposed levying on insured and uninsured depositors to rescue…
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from financial management courses to de-icing planes.
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
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment