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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Do Shampoo “Technicians” Really Need To Be Licensed?
I never knew how unqualified I was to bathe myself. The states of New Hampshire, Tennessee, Alabama, Louisiana, and Texas all have laws requiring professional…
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Obama Administration Urged Self-Reliant Hispanics To Go On Food Stamps
The government encouraged self-sufficient Hispanics to apply for food stamps, in a Spanish-language radio campaign that continued until English speakers finally became aware…
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CEI’s Battered Business Bureau: The Week In Regulation
84 new rules and 1,412 Federal Register pages, covering everything from fair use of the FBI's anti-piracy seal airline pilot's working hours.
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The Other Scandal In Unhappy Valley
So it turns out that Penn State has covered up wrongdoing by one of its employees to avoid bad publicity. But I'm not talking about…
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Regulation Roundup
Britain bans starting pistols from track meets, plus more.
Blog
Rent-Seeking In The Apple Industry
A small food company in Canada has grown an apple that doesn’t turn brown after being sliced. Not everyone thinks it’s a great idea.
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