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”…
Search Posts
Blog
Before Net Neutrality Eats the World, Part 1: Net Neutrality vs. Infrastructure Wealth
On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon's…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from D-Day reenactments to bio-fuel usage.
Detroit News
U.S. needs deregulatory stimulus
Clyde Wayne Crews of the Competitive Enterprise Institute recently published the “Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State.” It is filled…
Saipan Tribune
Weak US foreign policy
“CEI, the Competitive Enterprise Institute, is one of a growing group of organizations that monitors and quantifies the 80,000 or so pages of federal regulations…
Blog
3 Things You May Not Know about the US Airways-American Airlines Merger Lawsuit
On Tuesday, August 13, the Department of Justice, six states, and the District of Columbia filed suit to block the planned $11 billion merger…
Blog
Let in More Foreign Doctors to Fix Looming Shortage of Physicians Aggravated by Obamacare
“Bring on the foreign doctors,” writes Slate’s Brian Palmer: If President Obama’s health care reform plan is implemented in its current form, the United…
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