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: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Blog
The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
Search Posts
Study
Ten Thousand Commandments 2022
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations,…
News Release
Report: Biden Upends Role of Federal Regulators to Seek Climate, Social Justice Policies
A new Competitive Enterprise Institute report documents how regulations imposed by the federal government on the private sector have radically shifted since President…
Federal News Network
A snapshot of federal rule-making and its wide scope
Federal News Network cites CEI’s Clyde Wayne Crews on federal rule making: Rulemaking is one of the most widespread activities in the…
Blog
Questions the 118th Congress Should Ask OMB’s Office of Information and Regulatory Affairs
The Senate Homeland Security and Government Affairs Committee recently held a hearing on the nomination of Richard L. Revesz to be Administrator of…
Blog
A One-Pager on an “Abuse-of-Crisis Prevention Act”
In recent months CEI has presented the case for a “Abuse of Crisis Prevention Act” to counter and prevent the political predation that continues…
Blog
Tackling Unmeasured Government Growth Must be Prioritized in the 118th Congress
Fred L. Smith Jr., the founder of the Competitive Enterprise Institute, refers to the regulatory state as the least disciplined part of the federal…
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