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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Washington, D.C., Imposes One Percent Obamacare Health Insurance Tax
The costs of Obamacare keep rising. The Council of the District of Columbia has imposed a one percent tax on all health insurance policies…
Blog
Labor/Employment Scorecard Now Includes Votes on David Weil to Head DoL’s Wage and Hour Division
In our scorecard of the United States Senate’s labor and employment votes, CEI's WorkplaceChoice.org has included voting on the movement of David Weil’s confirmation…
Heartlander
The View from the Bottom
Could the economic decline have something to do with the insane increase of federal government regulation? As John Merline asked in Investor’s Business Daily, “After…
The Canal
The US Regulatory Black Hole, Quantified
This week the Competitive Enterprise Institute released its annual report on the failures of the regulatory state. Written by Clyde Wayne Crews, the report is…
Human Events
Regulation Lets Government Grow In The Shadows
“There oughta be a law.” We hear that refrain way too often in this country, from conservatives and liberals alike. The problem is that most…
NCPA
The Regulatory State
It cost Americans a whopping $1.863 trillion to comply with federal regulations in 2013, more than the gross domestic product (GDP) of Canada, according to…
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