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
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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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Unknown Societal Costs of Imposing Regulation Based on Secret (or Creatively Leveraged) Data
From the food pyramid and dietary guidelines, to vaping policies, to the Progressive zeal for eugenics, humility-challenged administrative experts can be mistaken, can mislead, or…
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This Week in Ridiculous Regulations
Contrary to my earlier prediction, the number of new regulations this year did not pass 2,000 last week, ending the four-day week at 1,991. Meanwhile,…
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Trump Tariff Costs to Outweigh Benefits from Deregulation
Early in the Trump administration, a series of executive orders slowed the growth of new regulations and removed some existing rules. From the start of…
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Department of Energy Expands Consumer Choice in Light Bulbs
The Trump administration took a pro-consumer step today as the Department of Energy finalized a rule that will allow certain types of lower-cost light bulbs to…
Blog
This Week in Ridiculous Regulations
The UK parliament will soon be suspended for a five-week period, something the U.S. Congress should consider emulating as often as possible. Over in the…
News Release
New CEI Video Urges Americans to Show Their Support for Faster Dishwashers
The Competitive Enterprise Institute (CEI) today released a new video making the case for a new Department of Energy (DOE) regulation allowing faster dishwashers and…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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