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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One News Now
New Fuel Economy Standards Could Hurt More Than They Help
Letters
Letter on Voluntary Reporting Comments
I am writing on behalf of the Competitive Enterprise Institute (CEI), a non-profit free-market public policy group based in Washington, D.C. This letter responds to…
Comment
Comments on Draft Report to Congress on the Costs and Benefits of Federal Regulation
SUMMARY OF CEI COMMENTS: CEI’s comments cover the following four areas. Consumers’ Right to Know: CEI has long advocated the consumer’s “Regulatory Right to Know.”…
Blog
License to Rent-Seek
Few regulations are more blatantly anti-competitive than occupational licensing.
Blog
Regulation of the Day 191: Sippy Cups
New York’s state legislature just passed a bill requiring warning labels to be put on all sippy cups sold in the state.
One News Now
Bad Foundation
Most attempts at financial reform have been burdensome, created unintended consequences and have been harmful to economic growth. But compared to the Dodd-Frank Wall Street…
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
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment