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
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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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CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from gas mileage to certifying seafarers.
Reason
Yes, Romney and Obama, Government Regulation Encourages Outsourcing
Last month, CEI's Wayne Crews told the House Judiciary Committee: “For the broader ‘significant’ category of rules (economically significant rules plus rules considered officially significant…
US News
Red Tape Is Strangling the Recovery
Last year alone, federal agencies issued 3,807 final rules according to data compiled by Wayne Crews of the Competitive Enterprise Institute.
Blog
Of Mice, Mushrooms, And Formaldehyde
According to New York Times journalist Nicholas Kristof, the chemical industry is engaged in a grand conspiracy to hide the fact your kitchen cabinets…
Blog
Dodd-Frank’s Democratic Dissenters — From Brian Schweitzer To Debbie Wasserman Schultz
"For some reason, some Republicans in Congress are still waging an all-out battle to delay, defund and dismantle these commonsense new rules." That was, in…
US News
Is U.S. Economic Growth Over?
[E]stimates of how economically burdensome the regulatory state is range from the Obama administration lowball estimate of a mere $67 billion [PDF] annually to the…
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