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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Blog
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…
Blog
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 Bill Would Tax Online Gambling
Yet another online gambling bill to add to the pile, Rep. Jim McDermott introduced the igaming taxation and regulation bill that he unsuccessfully…
Blog
FDA Overkill on Cigarette Packaging
Get ready to see nine sensationalistic images depicting the dangers of smoking on cigarette packs beginning September 2012. Rotted lungs and teeth, chest holes,…
Op-Eds
Liberate ATMs and Credit Unions to Jumpstart Jobs
“ATMs don’t destroy jobs,” tweeted Davd Burge of the Iowahawk blog in response to Obama’s now-infamous “Today Show” explanation of unemployment. “Politicians who…
Blog
No Such Thing as an Average Cancer Patient
CEI Senior Fellow Greg Conko has an excellent piece in today's Wall Street Journal. Greg doesn't think it's right that the FDA is denying terminally…
Blog
The Cloak-and-Dagger Fed
Wiretaps, surveillance, and searches of private property cannot be authorized and executed without a warrant issued by a judge, who (hopefully) maintains the commitment to…
Op-Eds
There’s No ‘Average’ Cancer Patient
On June 28, the Food and Drug Administration (FDA) will hold a hearing to decide the fate of Avastin, a drug taken by thousands…
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