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.
Featured Posts
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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News Release
CEI Sues NSA to Obtain “Destroyed” EPA Phone Records
Contact: Annie Dwyer; 202-331-2765 FOR IMMEDIATE RELEASE June 9, 2014 Competitive Enterprise Institute Sues NSA to Obtain “Destroyed” EPA Phone Records WASHINGTON…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
New regulations published last week cover everything from what to call UV lamps used for tanning to the federal government’s National Sheep Industry Improvement Center.
Blog
Regulatory Improvement Commission
That idea is now captured in a bi-partisan bill in Congress. Wayne Crews and I wrote about it this week in The Washington Times:…
Blog
Ridesharing Wars: Uber, Regulators, and the “California Compromise”
Yesterday, as many in the D.C. metro area are aware, Virginia’s Department of Motor Vehicles sent cease-and-desist letters to Uber (PDF) and Lyft…
Blog
Friday June 6th: Have a Doughnut for Freedom
Do you know what today is? If you said D-Day, you’d be right. But this year, June 6 also marks another, less well known occasion.
Washington Times
A Model for Rolling Back Outdated Regulations
Very few people would argue for maintaining horse-and-buggy rules in the era of driverless cars, such as Google’s recently introduced prototype. Most rules still manage…
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