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…
Blog
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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Alcohol Regulation Roundup: New Year Edition 2013
With a new year comes a new opportunity to take stock in our past endeavors and renew our goals for the future. While many a…
Blog
Feds Say Hybrid Electric Vehicles Too Quiet, Noisemakers Should Be Mandated
Green paternalists often gush about the great potential for hybrid electric automobiles to reduce negative externalities, or social costs, such as local air pollution and…
Blog
Basel III Cliff May Be Averted, But Dangers Still Loom For Main Street Banks
After numerous criticisms from U.S. community banks and lawmakers of both parties, the international committee in charge of the Basel III bank capital agreement…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
28 new regulations, from the United Soybean Board to synthetic drugs.
Forbes
Federal Regulation: The Costs of Benefits
The premise that national top-down regulation of the economy brings substantial net benefits dominates public policy. But forget the philosophical debate over laissez-faire vs. the…
Blog
Update On D.C.’s Driverless Car Legalization Legislation
In November, I noted in The Washington Post and here on Open Market that a bill introduced in the D.C. Council contained two dangerously flawed provisions and…
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