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…
Search Posts
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Introduction to ‘Reorganizing the Executive Branch’
We’re all sharpening our own vision of how the executive branch can be rationalized, right-sized, streamlined, and otherwise reformed.
Blog
Confessions of a Recovering Bureaucrat
Neither clarity nor efficiency in government has improved in the past eight decades.
Blog
How to Reform the Executive Branch
President Trump’s March 13th executive order “Comprehensive Plan for Reorganizing the Executive Branch” set in motion a process that could yield dramatic changes to how…
The Hill
Credit Trump For Boosting Business And Fueling Our Economic Growth
Andy Puzder, writing in The Hill, cites Wayne Crews’ “10,000 Commandments.” Progressive Democrats are in a tough spot. It is increasingly difficult to ignore that…
InsideSources
Counterpoint: One Year Post-Election: Grate Again, Great Again
It’s now one year since the election of Donald J. Trump as our nation’s president. Is America “great again”? The election certainly did make America…
Forbes
The Significance of Sen. Al Franken’s Call to Impose Net Neutrality on Google, Facebook and Amazon
Antitrust and technology market regulatory interventions are staging a comeback, even in the era of President Donald Trump’s push for broad…
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