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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The Great Unknown – Federal Independent Agencies’ Regulatory Costs
Let’s be independent together! —Herbie the Dentist Elf to Rudolph in Rudolph the Red-Nosed Reindeer Independent agencies are not subject to Office of Management and Budget…
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CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Monday off for Columbus Day, but still managed to pack more than 50 new regulations into a short week. On to…
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CEI’s Battered Business Bureau: The Week in Regulation
Even with a mid-term election coming up next month, agencies are cranking out a dozen or so new regulations every workday. The federal government also…
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A Pen and Phone Strategy to Shrink Government
President Obama is right that Congress doesn’t do much. That’s not necessarily a bad thing, of course. But the pen and phone strategy Obama proposed…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 2: Billions of Dollars and 13,000 Lifetimes Annually
Whoever makes two ears of corn, or two blades of grass to grow where only one grew before, deserves better of mankind, and…
RealClear Markets
Obama’s Pen and Phone Can Achieve Great Things
"[I]f Congress won't act soon to protect future generations, I will," President Obama warned in 2013. "I will direct my cabinet to come up with…
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
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- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment