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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You Can Sense The Desperation in the Air
The Competitive Enterprise Institute reports that the Obama administration issues a new regulation every two hours, and the Heritage Foundation has reported that during the…
Blog
Never Look A Gift (Clause) Horse In The Mouth
In America, it is impossible to snuff out money from politics. As long as government has the power to dish out favors to politically connected…
Blog
Sandy Beaches, Meet Hurricane Sandy
In the wake of Hurricane Sandy, many reminisce of 2005's Hurricane Katrina. With at least a dozen East Coast states in a declared state of…
Blog
CEI Podcast For November 1, 2012: Is Google’s Search Dominance Permanent?
Associate Director of Technology Studies Ryan Radia argues that Google's current dominance as an Internet search engine service is a fragile thing. Creative destruction is…
Forbes
President Obama’s Hidden Tax
Regulations are often called a hidden tax; but in President Obama’s case, it’s literally true. Despite the written commitment to transparency and…
Blog
Obamacare Will Increase Health Insurance Costs In California, Washington, D.C., And Elsewhere
California officials concede that their state’s Obamacare exchange will hike premiums for policyholders by up to 25 percent. In the District of Columbia, small…
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