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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Obama Administration Contributes to Life-Threatening Drug Shortages Even as it Decries Them
In a recent column, Michelle Malkin explained how Obamacare price controls, FDA and DEA rules, and Obama administration policies have contributed to shortages of…
Bryan Triangle
Occupying the Wrong Place
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CEI Podcast for November 3, 2011: Scary Makeup
Senior Fellow Angela Logomasini debunks scare stories that chemicals in makeup and other household products cause cancer, neurological disorders, birth defects, and other health problems.
Bryan Triangle
Reforming the FCC’s Regulatory Process
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Wealthy Chanhassen, Minnesota, NIMBYs Oppose Retail Competition, Support Development Socialism
Reading the tired, silly claims of left-wing, anti-Wal-Mart activists generally makes me yawn. But it annoys me to see some of my former neighbors from…
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Alcohol Regulation Roundup: November 2, 2011
A round up of the interesting booze-related news stories from around the nation. Hint: the two best are at the end. National: Our nation’s…
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