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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Forbes
New Trump Executive Order Seeks To Boost Agriculture And Rural America
“My farmer died.” —Punchline to the old joke about why a USDA employee is weeping at his desk The ratio of number of farmers…
Blog
This Week in Ridiculous Regulations
While most of the week’s new final regulations are either routine or procedural, they still range from rural phone calls to airplane batteries.
National Review
Trump’s 100 Days Have Made a Good Start on Regulation
National Review highlights Wayne Crews’ calculated cost of regulation from his annual Ten Thousand Commandments report. While a regulatory improvement commission would help…
Forbes
New Trump Executive Orders Spotlight Interior And Education ‘Regulatory Dark Matter’
Executive orders and proclamations expanding the scope of Washington over the nation’s business characterized much of the Barack Obama presidency. The former president himself–not just…
Blog
Reviewing Trump’s First 100 Days
This Saturday, April 29th, marks President Trump’s 100th day in office, which offers us the opportunity to reflect on what his administration has accomplished so…
News Release
CEI Calls USA Act an “Important Step” to Restoring Separation of Powers
The Competitive Enterprise Institute supports the Unauthorized Spending Accountability (USA) Act of 2017, aimed at reducing and bringing transparency to executive branch spending. Ryan Young,…
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