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
The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
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Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from electric motors to handling kiwifruit.
Blog
Are My Ten Thousand Command “Mints” to Be Regulated?
The Food and Drug Administration FDA wants to regulate serving size of breath mints. That's right. This rule was issued March 2014:…
Blog
CEI Labor and Employment Scorecard: Insourcing Amendment to Intelligence Authorization Act
This week, the Competitive Enterprise Institute (CEI) will score a vote in the U.S. House of Representatives in its consideration of the Intelligence Authorization Act…
Blog
Obama’s New Unified Agenda of Federal Regulations Shows Big Rules Are Growing
In the just-released Spring 2014 Unified Agenda of Federal Regulations, published twice a year by the Office of Management and Budget,…
Washington Examiner
OMB: 13-year High For New And Costly Federal Regulations
The group that tracks regulations, the Competitive Enterprise Institute, told Secrets that Obama has issued far more big dollar regs in his first six years…
Fox News
EPA: The Obama Administration’s New Legislative Branch
Will the Environmental Protection Agency resurrect the defunct Waxman-Markey cap-and-trade bill, a 1,428-page behemoth that threatened to slam the brakes on the U.S. economy before…
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