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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Blog
A Second Stimulus?
Any stimulus proposal is, by its very nature, less than a zero-sum proposition. Stimulus involves taking some money out of the economy, wasting some of…
Blog
Regulation of the Day: Asphalt Emissions
EPA is proposing national emission standards for asphalt processing and asphalt roofing manufacturing.
News Release
CEI Questions ProtectingAmerica.org Insurance Study
Analysts at the Competitive Enterprise Institute, a free market think tank, criticized protectingamerica.org’s continued advocacy for a federal insurance backstop.
Blog
Crews in the News: Consumer Choice Doesn’t Come From Regulation
CEI’s own Wayne Crews is quoted in the Boston Globe this morning, explaining why real competition — not government-mandated ‘openness’ — is the best…
Blog
Igniting Agricultural Innovation
"Biotechnology applied to agriculture has enormous potential to enhance our ability to develop seeds for improved crops and for enhanced livestock to enable us to…
Blog
Antitrust Irony
Microsoft is having a tense antitrust discussion with the EU. Meanwhile, Google is readying an operating system to directly compete with Windows. Compare and contrast.
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