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: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Search Posts
Op-Eds
Clean Air’s Dirty Residue
A lot has been made of recent court filings in which the Environmental Protection Agency suggested that it needed 230,000 more bureaucrats to regulate…
Op-Eds
Time Out for Federal Regulation
At the moment, the Federal Register stands at 61,247 pages–for 2011 alone. You can see the Code of Federal Regulations from space. Assuming this perturbs…
Fox News
Eight Ways to Keep People Out of Work
Fox News cites Wayne Crews's article on the cost of regulatory burden to make the case that ignoring the costs of regualtion will keep peolple…
Blog
Regulation Roundup
Massage parlors are illegal in well-named Horneytown, North Carolina, plus more.
Fox News
Today’s Red Tape Would Have Killed Home Depot’s IPO
Your editorial “The Anti-Solyndras” (Sept. 22) is right on target in detailing the devastating impact of the Sarbanes-Oxley Act of 2002 on job and…
Fox News
Debit Durbin
Read the headlines — and your bank statement — and weep, but don’t say TAS didn’t warn you. As I detailed here in February…
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