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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News Release
Public Interest Groups Unite to Oppose Stimulus
Competitive Enterprise Institute Senior Fellow Iain Murray will join representatives from the Council for Citizens Against Government Waste (CCAGW), the National Taxpayers Union and several other…
Blog
Sirius XM Bankruptcy: Thank Washington for the Delay
Sirius XM Satellite Radio—the company born from the merger of Sirius Satelllite Radio and XM Satellite Radio—has “been working with advisers to prepare for a…
Blog
Stimulus Package Shrinks Economy, Expands Welfare Rolls
The Stimulus Package passed by the Senate will encourage people to stop working and go on welfare, undermining the 1996 welfare reform…
Blog
Championing Economic Liberty in a Time of Crisis
From CEI’s Agenda for Congress: Fred Smith, President and Founder of CEI on the economic crisis, the threat of bad policies, and the real change…
Blog
Geithner’s “bad bank” is a big bad idea: fix bad mark-to-market accounting instead
The Obama’s administration $1 trillion plus bank bailout plan — on top of the $800 billion stimulus that just passed the Senate — will explode…
Blog
No Florida Insurance Bailout
It seems that the state of Florida has overpromised insurance coverage to its citizens in the case of a catastrophic storm, and now is…
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