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 Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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News Release
CEI Urges Senate To Press CFPB Nominee on Stopping Regulatory Abuse
Over the past weekend, President Trump nominated Kathy Kraninger, an associate director at the Office of Management and Budget, to head the Bureau of Consumer…
Blog
Minimum Wage Proposal Divides D.C. Workers, Voters
Washington, D.C. has a $12.50 per hour minimum wage. But for tip-earning workers, such as servers and bartenders, the minimum is $3.33 per hour—tips are…
Blog
This Week in Ridiculous Regulations
Angry allies, North Korea, and Chinese tariffs dominated the news last week. Under the radar, regulatory agencies closed in on their 1,500th new regulation of…
Townhall
Reduce, Freeze or Eliminate CAFE Fuel Standards
Townhall cited Sam Kazman on the contribution to casualty rates stemming from automobile related accidents that CAFÉ rules propagate. Even with side air…
Blog
Good News for Young Lemonade Stand Entrepreneurs
Every summer there are news stories about local authorities shutting down children’s lemonade stands over lack of licenses, permits, a lack of restaurant-grade kitchen or…
Forbes
What the AT&T-Time Warner Merger Decision Means for U.S. Regulation
President Donald Trump's moves to streamline federal regulation and unleash infrastructure have in some ways been unprecedented. But some developments could undermine or swamp the…
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