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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Federal Government: Fire Good Employees, Hire Bad Ones
The Obama administration is pressuring employers outside the financial sector to hire felons, even as its regulations force employers in the financial sector to fire "thousands…
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CEI’s Battered Business Bureau: The Week In Regulation
51 new rules and 1,641 Federal Register pages, from storing explosives to keeping fisheries accountable.
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Collective Bargaining: Mythical Right Turned Constitutional In Michigan?
Everyone knows that our Founding Fathers’ primary motive during the revolution was to preserve collective bargaining for the carriage industries. That as Washington crossed the…
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Want 1990s Job Growth? Go Back To Clinton-Era Deregulation
As much as the term “Forward” was used at the Democratic National Convention this week, the speeches of Bill Clinton and, to an extent, President…
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Fact Checking Lilly Ledbetter’s False Speech At The Democratic National Convention
Former pay-discrimination plaintiff Lilly Ledbetter, in speaking at the Democratic National Convention on September 4, repeated the false claim that she learned about the…
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Regulation Of The Day 228: Peyton Manning’s Jersey
School officials forbid 8-year old Colorado boy from wearing his Peyton Manning jersey to school because of possible gang ties.
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