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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Op-Eds
The Root Cause of Market Failure In Higher Education
A little noticed Associated Press news story last week reported that China now plans to phase out college majors that consistently produce unemployable graduates. Any…
Op-Eds
Cut a Cabinet Department? You Must Be Joking
“Laws were most numerous when the state was most corrupt.” — Tacitus, The Annals III.27 Texas Gov. Rick Perry came in for much ridicule for…
Blog
Regulation of the Day 200: Flying Food
Millions of Americans are taking to the skies to spend time with their families over Thanksgiving. Many of them will be carrying leftovers on their…
Blog
Government Meddling Won’t Create Jobs
The Hill recently ran my letter to the editor responding to Sen. Tom Harkin’s column, “Republican attacks on workers’ rights won’t create jobs.” I make…
Blog
CEI Podcast for November 23, 2011: The Most Expensive Regulation of All Time?
What is the single most expensive regulation of all time? Energy Policy Analyst William Yeatman has one candidate: the EPA’s proposal to regulate mercury emissions…
Op-Eds
Obamacare Sequesters Your Flex Account
Attention Joe and Jane Citizen! Concerned about the fiscal future of your country and your family? Then please step away for five minutes from the…
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