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”…
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Regulation of the Day 29: Protecting Us from Cheap Foreign Goods
Sometimes (but not always), when a foreign producer sells goods to U.S. consumers cheaply, the U.S. government takes action to put a stop to it.
News Release
CEI Proposes Legalizing Horse Meat Sale
A Senior Fellow at the Competitive Enterprise Institute, a think tank with offices in Washington, D.C. and Tallahassee, proposes a simple solution to the spate…
Blog
Inconvenient Evidence Suppressed in EU-Intel Antitrust Case
The EU’s top antitrust regulator intentionally suppressed “potentially exculpatory" evidence in its case against Intel. This is the rule of men, not law.
Blog
We’re All Children Now
I propose the following rule: “Think of the children” rhetoric shall be reserved for those situations in which the author is not, in…
Publication
CEI Planet: May – June 2009
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles…
Newsletter
Unseen Stimulus, E-waste Abroad and Pelosi’s Private Jet
CNN.com profiles Americans receiving benefits from the economic stimulus package. International agencies weigh in on the issue of “e-waste” – trash generated…
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