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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Study
Free Smaller Companies to Go Public by Rolling Back Burdensome Sarbanes-Oxley Accounting Rules
Liberate to Stimulate Index In CEI’s last Agenda for Congress, we recommended that “smaller public companies be exempt from Sarbanes-Oxley’s Section 404.”…
Study
Encourage Credit Access Innovation
Liberate to Stimulate Index The abuses of the subprime crisis have made it all too easy to overlook the myriad…
Study
Reining in America’s Regulatory Leviathan: America Gets a Second Chance
Liberate to Stimulate Index We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our…
Blog
NLRB Litigates for Less Freedom
In another demonstration of the overreaching power of the federal government, the National Labor Relations Board (NLRB) is preparing to sue Arizona, South Carolina, South…
Study
Liberate to Stimulate
We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our economy. Taxes and spending receive plenty of…
Blog
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
On Tuesday, the Financial Stability Oversight Council may issue its recommendations for implementing the Volcker Rule, the provision of the Dodd-Frank financial legislation that bans so-called proprietary trading…
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