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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Publication
CEI Planet: September – October 2005
Full Document Available in PDF No Regulation Without Representation…
Publication
Batman’s Lessons
Given the enormous amounts of money advocates of bigger government throw about these days, many market liberals long to find our own “George Soros.”…
Publication
No Regulation Without Representation
The exact cost of the federal regulatory state may never be fully known. As with taxes, firms generally pass along to consumers some of their…
Publication
Testimony to the Subcommittee on Regulatory Affairs of the House Government Reform Committee, July 27, 2005
Chairwoman [Candice] Miller [R-Mich]. Ranking Member [Stephen] Lynch [D-Mass] and Members of the Subcommittee, thank you inviting me to comment on congressional regulatory reform initiatives. …
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA Speaker of the House Dennis Hastert suggests that New Orleans should not be rebuilt.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. FINANCE Rep. Michael Oxley, co-sponsor of the Sarbanes-Oxley corporate accounting law, expresses concerns about its impact.
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