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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CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from electric motors to handling kiwifruit.
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Are My Ten Thousand Command “Mints” to Be Regulated?
The Food and Drug Administration FDA wants to regulate serving size of breath mints. That's right. This rule was issued March 2014:…
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CEI Labor and Employment Scorecard: Insourcing Amendment to Intelligence Authorization Act
This week, the Competitive Enterprise Institute (CEI) will score a vote in the U.S. House of Representatives in its consideration of the Intelligence Authorization Act…
Blog
Obama’s New Unified Agenda of Federal Regulations Shows Big Rules Are Growing
In the just-released Spring 2014 Unified Agenda of Federal Regulations, published twice a year by the Office of Management and Budget,…
Fox News
EPA: The Obama Administration’s New Legislative Branch
Will the Environmental Protection Agency resurrect the defunct Waxman-Markey cap-and-trade bill, a 1,428-page behemoth that threatened to slam the brakes on the U.S. economy before…
Washington Examiner
OMB: 13-year High For New And Costly Federal Regulations
The group that tracks regulations, the Competitive Enterprise Institute, told Secrets that Obama has issued far more big dollar regs in his first six years…
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