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.
Featured Posts
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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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Clinic for Porn Actors Closes, AIDS Group Rejoices
After years of the AIDS Healthcare Foundation trashing them in the media, the Adult Industry Medical Foundation (aka AIM) has closed its doors for good,…
Blog
Regulation of the Day 172: Bestiality and Baggy Pants
NBC Miami's Brian Hamacher with the second-best lede I've read this week: "Floridians are going to have to start pulling up their pants and stop…
Blog
CEI Podcast for May 5, 2011: Salt
A new study says that high-salt diets may not be as harmful as once thought. Research Associate Daniel Compton takes a look.
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Prince Charles Says, “Let Them Eat Organic”
HRH the Prince of Wales delivered the keynote address at The Washington Post's "Future of Food" conference yesterday at Georgetown University.
Blog
It’s Nothing Death, Poverty, and Ignorance Can’t Fix
The New York Times “Room for Debate” frets today about overpopulation (h/t Don Boudreaux). Julian Simon and liberty have long since come…
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Regulation of the Day 171: Cream Puffs
This blog will be paying close attention to the heated legislative battle in Madison to give the delicious cream puff its due.
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment