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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Court’s Obamacare Decision — What Would John Locke Say?
Richard Epstein of the Hoover Institution and the University of Chicago Law School gives the Chief Justice some tough love in “What Was Roberts…
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D.C. To End Sunday Liquor Ban?
In D.C. politics, one month can make all the difference. At the end of April, Ward 1 Councilmember Jim Graham said that he opposed…
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The Good, the Bad, and the Broccoli
Most people thought that the health care decision would hinge on the Court’s interpretation of the Commerce Clause. That’s why I wrote the first three…
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CEI’s Battered Business Bureau: The Week in Regulation
101 new final regulations, covering everything from Costa Rican flowers to tanning.
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Obamacare Lives. So, Now What?
Former CEI scholar Tom Miller (now with AEI) has some thoughts on the Obamacare decision in today's…
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Soda Pop, States’ Interests, and the General Welfare
Michael Bloomberg is as notorious as any American politician of our time. The New York Mayor’s recently proposed ban on “sugary drinks” larger than 18 ounces is the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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