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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Obama Renews Call For Paycheck Fairness Act
In his State of the Union address last night, President Obama renewed his call for passage of the Paycheck Fairness Act, which would make it…
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Payback? Government Targets S&P And Egan-Jones, Not Moody’s Or Fitch
Why not Moody's? Why not Fitch? Of all the questions raised about the U.S. government's strange case against Standard & Poor's—a lawsuit that actually asserts that…
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Immigration Reform’s Economic Benefits
Comprehensive immigration reform is coming. For those that don’t speak D.C. doublespeak, that means more costly, useless, and privacy-invading border drones, more guards…
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State Of The Union? Try “Over-Regulated”
In his 2013 State of the Union address, President Barack Obama cannot be expected to pledge to roll back government in any manner whatsoever, a…
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Sequester Budget Cuts Would Increase Long-Term Economic Growth
The automatic budget cuts contained in the sequester will increase economic growth in the long-term, if Congress will just let them happen—rather than listening to…
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State Of The Union Live Blog 2013
Welcome to the Competitive Enterprise Institute’s live blog of President Barack Obama’s 2013 State of the Union address. Tune in here on Tuesday night at…
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