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…
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
Bush’s Choice for EPA Chief Lost Opportunity?
Contact: Jody Clarke, 202.331.2252<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1…
Op-Eds
Time to Put Auntie Beeb Out to Grass
<?xml:namespace prefix = v ns = “urn:schemas-microsoft-com:vml” /><?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /><?xml:namespace prefix = w ns = “urn:schemas-microsoft-com:office:word” />The current spat…
News Release
CEI’s President Makes the Case to Tame Regulatory Beast
Contact for interviews: Richard Morrison, 202-331-2273 Washington, D.C., July 22, 2003—Today the House Committee on Government Reform will hear testimony from Competitive Enterprise Institute President…
Op-Eds
‘Spammers’ Ignoring Anti-Spam Legislation
Dear Editor: If you look closely at the spam filling your inbox, you might notice one or two…
Study
Cowboys Versus Cattle Thieves
Full Document Available in PDF Fred L. Smith, “Cowboys Versus Cattle Thieves,” in…
News Release
Merrill Lynch Rulings Show Serious Flaws in Wall Street Research Settlement
Contact for Interviews:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C.,…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment