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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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Study
Free Smaller Companies to Go Public by Rolling Back Burdensome Sarbanes-Oxley Accounting Rules
Liberate to Stimulate Index In CEI’s last Agenda for Congress, we recommended that “smaller public companies be exempt from Sarbanes-Oxley’s Section 404.”…
Study
Encourage Credit Access Innovation
Liberate to Stimulate Index The abuses of the subprime crisis have made it all too easy to overlook the myriad…
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Reining in America’s Regulatory Leviathan: America Gets a Second Chance
Liberate to Stimulate Index We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our…
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NLRB Litigates for Less Freedom
In another demonstration of the overreaching power of the federal government, the National Labor Relations Board (NLRB) is preparing to sue Arizona, South Carolina, South…
Study
Liberate to Stimulate
We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our economy. Taxes and spending receive plenty of…
Blog
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
On Tuesday, the Financial Stability Oversight Council may issue its recommendations for implementing the Volcker Rule, the provision of the Dodd-Frank financial legislation that bans so-called proprietary trading…
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