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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CEI Podcast for January 18, 2012: Dropping the SOPA
Wikipedia, Reddit, and other popular websites all went black today to protest SOPA and PIPA, two bills currently before Congress. Critics charge that the bills…
Blog
John Kay on the Market Economy
In a truly excellent column for the Financial Times today, John Kay lays out in a few hundred words a clear defense of the…
Blog
The Non-EU Space Code of Conduct
For over a year, there has been concern that the White House would sign an executive order requiring U.S. space activities to adhere to the…
Canada Free Press
The U.S. Is on a Suicide Watch
The Canada Free Press discusses the costs of federal regulation with Wayne Crews. In April 2011, Wayne Crews of the Competitive Enterprise Institute…
Blog
Judge Criticizes American Law Schools
A prominent federal judge has added to the growing chorus of criticism for American law schools and their failure to provide practical training for…
Canada Free Press
Ryan Radia: SOPA could change the way the internet works
SOPA could change the way the internet works. Now, some of the biggest websites in the world like Google and Wikipedia are going dark in…
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