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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Uber and Regulation: Pro-Business Is Not Pro-Market
“Republicans love Uber. Young urban voters love Uber. And Republicans hope that means young voters can learn to love the GOP.” That was the opening…
Blog
Red Tapeworm 2014: Completed Economically Significant Rules at Record Levels
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
Red Tapeworm 2014: Big Dollar Federal Regulations in the Pipeline Highest under Obama
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
Ninety-eight new regulations, from Moroccan blueberries to home furnaces.
Blog
New Study Estimates around $70 billion in Financial Regulatory Costs
Complying with regulations is part of the cost of doing business. For bigger businesses that can absorb those costs (or rather, pass them on to…
Blog
Red Tapeworm 2014: Here Are the Federal Agencies that Issue the Most Regulations
This is Part 20 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
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