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 May 24, 2012: Driverless Cars
A prototype driverless car made by Google recently made the rounds in Washington, DC, and Land-use and Transportation Policy Analyst Marc Scribner got to take…
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Senate Vote Today on FDA, Supplements, and Energy Drinks
Today, the Senate will vote to reauthorize and modify the Food and Drug Administration’s (FDA) prescription drug and medical device user-fee program (…
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MWAA: A Government-Authorized Fiefdom
Should Congress’s power extend to creating taxpayer-funded government entities that are free from state and federal laws concerning ethics, transparency, and disclosure? No, but it…
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Is the Obama Administration Anti-Business?
If President Obama has found it hard in responding to critics who accuse him of being “anti-business,” he really only has his own administration’s policies…
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Facebook’s Fall and the Post-Sarbanes-Oxley “Cheers IPOs”
How Over-Regulation is Robbing Investors of Wealth from Smaller IPOs When I wrote pieces here and at the Daily Caller late last week injecting a…
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H.R. 1909 — Unfinished Free-Market Business to Lift Barriers to Lending
They said it couldn't be done. That Congress couldn't pass a bipartisan bill in an election year to help the economy. Particularly one that lessens…
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