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 August 11, 2011: Lemonade Freedom Day
Vice President for Strategy Iain Murray talks about the rash of children's lemonade stands being shut down by police, and his plans to celebrate Lemonade…
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Massachusetts Reverses “Buy Local” Mandate for Brewers
Public Outcry Forces Rule Reversal for Massachusetts Craft Brewers Despite the recession, one segment of the US market, at least, has been steadily growing. This…
Blog
Just in time for the Debt Super Committee–the new Hello Kitty Federal Budget Calculator
The Hello Kitty Federal Budget Calculator is here to ease tension created by hostile political climate in the wake of the debt-ceiling-increase debates. Yesterday,…
Blog
Regulation of the Day 194: Facebook Friends
Missouri has a new law that bans teachers from becoming Facebook friends with any current or former student. The goal is to prevent inappropriate…
Blog
Weird Healthcare Regulation of the Day: No Coverage for Men With Breast Cancer
"Disease does not discriminate, but apparently Medicaid coverage does. A 26-year-old South Carolina tile-layer has found himself with breast cancer and out of luck for…
NCPA
Using Price Theory to Reform Overregulated America
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