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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Lessons from the Gas Price Spike
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Labor Day weekend marked the end of summer and its high seasonal demand…
Publication
CEI Planet: September 2004
Full document available as a pdf. Tort Law “to Make Law,” by Ivan Osorio and Elizabeth Jones …
Publication
Nanotech’s Choice: Pork or Innovation?
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Conflicting with Reality: Or, Scientists are Human, Too
Full Document Available in PDF Former New England Journal of…
Publication
Tort Law “to Make Law”
Full Document Available in PDF A recent little-noticed New York Times story says…
Op-Eds
Conflicting with Reality
Former New England Journal of Medicine editor Jerome Kassirer, in an August 1 Washington Post op-ed, argues that conflicts of interest in medical…
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