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
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Bloomberg Law
Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo
Bloomberg Law cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: Mario Loyola, who served as CEQ’s associate director for regulatory…
News Release
CEI Commends Sen. Lankford for Introducing Pandemic Preparedness, Response, and Recovery Act
On Thursday, Senator James Lankford (R-OK) introduced the Pandemic Preparedness, Response, and Recovery Act. The bill would establish an independent commission…
National Affairs
Putting Regulators on a Budget
National Affairs cites Vice President for Policy Wayne Crews on the cost of regulation: Separately, in 2015, regulatory analyst Clyde Wayne…
Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns…
News Release
CEI Offers Reform Ideas to Congress Aimed at Fostering Resilience and Promoting Economic Renewal
Today the Competitive Enterprise Institute (CEI) offered a set of policy reform goals for the 117th Congress focused on economic stimulus and…
Products
Free to Prosper: Banking and Finance
View the full chapter on banking and finance here Access to capital, credit, and financial services are fundamental to the operation of a free…
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