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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White House Involved in FDA Approval of Genetically Engineered Salmon?
A couple of days ago, Talking Points Memo's Jim Kozubek reported that the Food and Drug Administration had finally decided to…
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No Money, No Sense: On the Infrastructure Bank
This morning, the House Transportation and Infrastructure Committee's Subcommittee on Highways and Transit held a hearing on the President Obama’s infrastructure bank proposal. In September, the…
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Congress Should Reject Tying a Repatriation Tax Holiday to a National Infrastructure Bank
It was reported on Tuesday that Senate Democrats intent on creating a National Infrastructure Bank (NIB) have quietly thrown Republicans a bone on the…
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Alcohol Regulation Roundup: October 7, 2011
National: A Supreme Court decision is being heralded as potentially liberating the advertising market for tobacco and alcohol as it expands first amendment protections…
Blog
CEI Podcast for October 6, 2011: How to Deregulate the Economy
Vice President for Policy Wayne Crews is author of the new CEI study, “The Other National Debt Crisis: How and Why Congress Must Quantify Regulation."…
Study
Stifling Medical Device Innovation
The United States has long been the home to cutting-edge innovations in the medical device industry. However, increasingly burdensome regulatory policy is driving pioneering research…
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