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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Op-Eds
Police Those Credit Cards
The burdensome, patronizing, new credit card regulations proposed in the wildly misnamed “Credit Cardholders Bill of Rights” will hurt just about every…
News Release
CEI Takes on Unconstitutional Agency in Court
Today, as Americans scurried to get their tax forms into the IRS, the D.C. Circuit Court of Appeals heard arguments about another agency that…
Newsletter
Financial Regulations, Greenhouse Gases and Microsoft’s Bid for Yahoo
The Treasury Department’s “blueprint” for overhauling financial regulation faces strong opposition. State governments across the country pledge to reduce greenhouse gas emissions. News Corp. considers…
News Release
New Financial Regulations Will Expand Bureaucracy
In a new study released this week, Competitive Enterprise Institute scholars size up the Treasury Department’s recent proposal to restructure the way…
Newsletter
The Fed, Biotech Crops and Mortgage Bailouts
Treasury Secretary Henry Paulson officially announces a plan to reform oversight of financial markets. Research into genetically modified crops gets a boost in India. President…
Newsletter
Paulson’s Plan, International Competition and New Leadership at FTC
Treasury Secretary Henry Paulson’s plan to reform oversight of financial markets sparks intense debate. U.S. capital markets lose ground to international competitors. President Bush appoints…
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