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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CEI Podcast for January 12, 2011: Public-Private Partnerships
Land-use and Transportation Policy Analyst Marc Scribner talks about his new CEI Issue Analysis, "The Limitations of Public-Private Partnerships."…
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US Loses Ground in 2011 Index of Economic Freedom
The U.S. dropped from 8 to 9 on the just-released “Index of Economic Freedom” put out by the Heritage Foundation and the Wall Street…
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Why Do States Still Require Phone Books to Be Delivered?
Did you know that some states require companies to deliver phone books to state residents? Never mind the fact that most people don’t use phone…
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Villaraigosa: Brown’s Elimination of Redevelopment Agencies “a Non-Starter”
Pro-smart-growth, “green” Los Angeles Mayor Antonio Villaraigosa is upset with Governor Jerry Brown’s remarkably sensible decision to shut down the state’s 425 redevelopment agencies, including…
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Troubles in Central Planning: New York City Cabs
Via the New York Times, an article with empirical evidence that regulatory incentives encourage cabs to disappear around 5pm, just when they are needed…
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Morning Media Summary
Tech: Verizon iPhone Could Double U.S. Mobile Games Industry This Year: “Earlier today, Verizon and Apple finally confirmed what everyone knew was coming:…
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