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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New York Times
Red Tape Update: I Demand That You Audit Me
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Regulation of the Day 182: The Definition of a Hot Dog
Having solved the state’s fiscal crisis, California’s state legislature has moved on to more important issues, such as the legal definition of “hot dog.”…
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Strangely Specific Regulations
The next someone tells you the economy is dangerously unregulated, refer them to this list:…
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CEI Podcast for July 7, 2011: How Much Does Regulation Cost?
One federal study says federal regulations cost $1.75 trillion. Another says it's $62 billion. The difference is almost a factor of 30. Vice President for…
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Big Government Continues to Hurt Small Businesses Most
The Small Business Administration’s Office of Advocacy released a study showing that the burden of government regulation disproportionately falls onto small businesses. Specifically, those with…
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New Video on the D.C. Taxicab Medallion Bill
Reason.tv has a new video up today, “D.C. Taxi Heist: How a new law would screw drivers and riders,” that explains why Washington’s proposed…
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