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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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…
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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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The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRADE President Bush plans to ask Congress to grant him renewed “fast track” authority to…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT International security analysts predict that climate change could exacerbate violent conflicts around the world.
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Connecticut Attorney General Richard Blumenthal investigates denial-of-coverage complaints against major insurance companies.
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“Terrible Ten” State Attorneys General Profiled in New Study
Contact: Christine Hall, 202.331.2258 Washington, D.C., January 24, 2007—A new CEI study of abuse of power by state attorneys general singles out…
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How Will Congress Respond to the State of the Union?
Contact: Richard Morrison, 202.331.2273…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The Senate takes up legislation raising the minimum wage.
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