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…
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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Newsletter
White House Transition, More Bailouts and Power Struggles in Congress
George W. Bush and Barack Obama hold transition talks at the White House. Auto manufacturers continue their push for their own federal bailout. Two senior…
Tech Policy Central
CEI Blasts New Banking, Internet Gambling Regulations
News Release
An Agenda for the Obama and Bush Meeting
Since the President and President-elect start spending quality Oval Office time together today, and since the incoming administration’s advisors can’t settle on either pushing a…
Op-Eds
Dealing with the Threat of Global Recession
Fred L. Smith Jr. and John Berlau on the upcoming Global Economic Summit: Governments should agree to a timetable to end the bailouts.
Tech Policy Central
Op de valreep versoepelt Bush wat strenge milieuregels
Newsletter
Online Ads, Regulatory Reform and Free Trade
Google and Yahoo abandon a proposed advertising partnership amid antitrust concerns. President-Elect Obama begins transition work with the current White House staff. Rep. Rahm Emanuel…
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