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…
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Warren Buffett, Give Your Secretary a Raise!
So it has been decreed -- by Warren Buffett, by President Barack Obama, and by media members going gaga over to so-called Buffett Rule --…
Blog
Regulation Roundup
Flirting is illegal in Haddon, New Jersey, plus more.
Blog
House Hearing on Effects of EU Privacy Directive
Yesterday the House Subcommittee on Commerce, Manufacturing, and Trade held a hearing addressing the economic consequences of the European Union’s internet privacy regulations. The…
Op-Eds
Liberate the Jobs!
The most fascinating aspect of House Speaker John Boehner’s very effective address to the Economic Club was not the specific solutions he presented but the…
Fox News
Regulation Nation: As Firms Grow, Regs Follow
Fox News highlights Wayne Crews's annual report on the size of the federal regulatory burden. In his yearly report, Ten Thousand Commandments: An…
Blog
Obama and Sarbanes-Oxley Review — The One Sentence Worth 4,000 Words for Jobs
In President Obama’s 33-minute-long speech to Congress on job creation last week, one sentence was worth nearly all the rest of his 4,000 words.
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