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’s Battered Business Bureau: The Week in Regulation
The big news in regulation for the week came from Canada, which made official its one-in, one-out policy for new regulations. New regulations from agencies…
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Balanced Budgets and Regulatory Budgets
The Joint House-Senate Conference Meeting on the federal budget has begun. Chairman Tom Price of Georgia remarked: Completing a budget is one of…
Study
No Spoof
Several states had serious doubts about the validity of tax credits for individuals purchasing insurance on Obamacare's federally facilitated exchange as early as 2011. Questions still remain,…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a fairly typical week, with nearly 70 final regulations and more than 50 proposed regulations hitting the books, covering everything from potato handling…
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CEI’s Battered Business Bureau: The Week in Regulation
Along with last wwek’s usual slew of final regulations covering everything from power plants to televisions, an additional 55 proposed regulations also hit the books.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
New rules published in the last week include everything from the IRS and Executive Office of the President declaring themselves exempt from select transparency laws,…
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