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
This week in ridiculous regulations: airline fees and greenhouse gas reporting
The Federal Register grew at nearly triple its usual pace last week. It is on pace for its first-ever 100,000-page year. GDP growth slowed to…
The Center Square
Study: Mixed record on permitting reform offers some hope
CEI’s James Broughel provided comments to The Center Square about a study he authored: “Pennsylvania’s a state where energy is very important to its…
Forbes
Libertarian Victory: You Mean We Can Shut Down Government Without Even Passing A Law?
It is happening again. Congress will enact another bloated, pork-laden and largely unread omnibus spending bill to complete formal appropriations for the 2024 fiscal year…
Search Posts
Blog
A One-Pager on an “Abuse-of-Crisis Prevention Act”
In recent months CEI has presented the case for a “Abuse of Crisis Prevention Act” to counter and prevent the political predation that continues to…
Blog
Tackling Unmeasured Government Growth Must be Prioritized in the 118th Congress
Fred L. Smith Jr., the founder of the Competitive Enterprise Institute, refers to the regulatory state as the least disciplined part of the federal enterprise.
Blog
The Jones Act vs. Puerto Rico, Again
Puerto Rico is almost entirely without power after Hurricane Fiona. Right now, there is a ship just offshore, ready to help. It has…
Comment
Comments to the Federal Trade Commission Regarding the Motor Vehicle Dealers Trade Regulation Rule
Comment Submitted: September 12, 2022 Docket No. FTC-2022-0046-0001 On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to…
National Review
The Skyrocketing Cost of Staying Cool This Summer — and Future Ones
Add air conditioning to the long list of items experiencing inflation under the Biden administration. Whether it is fixing your home’s existing system or buying a…
Blog
CDC Restructuring Shows that Institutions Matter
One of my policy mantras is that institutions matter. That’s why the Centers for Disease Control and Prevention’s (CDC) restructuring announcement is big…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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