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
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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The National Law Review
Overturning the CFPB’s Final Payday Loan Rule by Reopening Rulemaking or CRA Resolution
The National Law Review discusses the various vehicles that could be used to repeal the CFPB’s small-dollar loan rule. On December 1, 2018, three…
Forbes
Net Neutrality and Senate Democrats’ Renewed Love for the Congressional Review Act
The Congressional Review Act (CRA) is the law by which the Republican Congress and the Trump Administration eliminated 14 of…
Blog
Antitrust Resurgence Could Transform Tech Innovators into Lumbering Public Utilities
Regulation in the technology sector is worse than government merely picking winners and losers.
News Release
CEI Commends Introduction of GOOD Act, Requiring More Agency Transparency
This week, Congressman Mark Walker introduced the Guidance Out Of Darkness (GOOD) Act to improve agency transparency and accountability, while reducing the creep of federal…
Fox News Channel
VIDEO: Iain Murray Discusses Shrinking Government Bureaucracy on Fox News Channel
January 15, 2018 – Iain Murray, Vice President for Strategy at the Competitive Enterprise Institute, joined Fox News Channel’s The Next Revolution with Steve Hilton…
Forbes
Who Will Own the Infrastructure in the Smart City?
There is great enthusiasm for the smart city concept. Integration of autonomous vehicles, drones and networked communications are expected to manage congestion, lead to fewer…
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