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: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
Search Posts
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Parents in the UK object to the government's plan to distribute copies of Al Gore's…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues In the News: 1. REGULATING THE REGULATORSSupreme Court Tells EPA to Re-Consider its Decision Not to Regulate C02…
News Release
Constitutional Challenge to Sarbanes-Oxley Accounting Board Dismissed
District Court order and opinion available for download…
Op-Eds
Solving the Safe Sledding Crisis
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Washington – In response to the ice storm which recently swept through…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The nation’s largest dairy company declines to use milk from cloned cows. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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