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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When Will We Learn Lessons of Big Government?
From Lawrence Reed’s article in The Times-Herald: The Obama administration is jamming new regulations down the throats of businesses big and small at…
Blog
Grow Economy by Cutting Law School Subsidies
The economy remains slow, recovering from the recession at an unusually low rate, partly due to economically-harmful Obama administration policies. "U.S. stocks fell, dragging…
Blog
Regulation of the Day 217: Being Rude
The mayor of La Torba, Spain recently issued a 65-point Courtesy Charter making it illegal to burp in public or slurp your soup, among other…
Blog
Further Space Property Rights Responses
Since my previous post on media reaction to CEI's press briefing on Thursday, Popular Science has provided a…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A new Prison Bureau regulation allows inmates to publish under their own name as of May 3, plus more.
Op-Eds
Free-Market Environmentalism? It’ll Never Fly, Orville!
The week before Easter I gave a brief speech at the Association for Private Enterprise Education, a foundation dedicated to assembling scholars, professors and students…
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