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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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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News Release
New CEI Report Explores Hurricanes, Warming
A new report from the Competitive Enterprise Institute questions alarmist predictions of increased hurricane damage resulting from human-caused global warming. The report recommends that…
Blog
Illegal, Unfair Auto Bailout That Harms Retirees and Taxpayers Challenged in Chrysler Bankruptcy
The Indiana State Teachers’ Retirement Fund is rightly challenging the diversion of tens of billions of dollars of federal TARP bank bailout money to…
Newsletter
The Costs of Regulation, Chrysler’s Bankruptcy and Teamsters on Strike
A new report from CEI finds that the annual cost of federal regulation is more than $1.1 trillion. A federal judge halts Chrysler’s planned bankruptcy…
Blog
Union Keeps Special Privileges Through Taxpayer Bailout of General Motors
The federal government is spending more than $50 billion to bail out General Motors, with no end in sight. But the UAW union…
News Release
Crushing, Hidden Tax of Federal Regulation Soars
Crushing, Hidden Tax of Federal Regulation Soars Lawmakers Fail to Scrutinize the "10,000 Commandments" of Federal Regulations Washington, D.C. June 3, 2009 – Federal…
Blog
How to Stop Another GM: Abolish Pensions
GM, of course, declared bankruptcy today. A number of things—bad management, poor products and screwy labor relations—hurt the company. But in the…
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