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: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
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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Op-Eds
Cementing Ecuador’s Poverty by Decree
During my pro-mining mission to Ecuador weeks ago, I visited the Tres Chorreras exploration project and witnessed how a single company can…
News Release
“Future of the Internet” at Stake in Senate
Tomorrow the Senate Commerce Committee assesses “The Future of the Internet.” Among the most controversial issues is proposed federal regulation of broadband network…
Op-Eds
Police Those Credit Cards
The burdensome, patronizing, new credit card regulations proposed in the wildly misnamed “Credit Cardholders Bill of Rights” will hurt just about every…
News Release
CEI Takes on Unconstitutional Agency in Court
Today, as Americans scurried to get their tax forms into the IRS, the D.C. Circuit Court of Appeals heard arguments about another agency that…
Newsletter
Financial Regulations, Greenhouse Gases and Microsoft’s Bid for Yahoo
The Treasury Department’s “blueprint” for overhauling financial regulation faces strong opposition. State governments across the country pledge to reduce greenhouse gas emissions. News Corp. considers…
News Release
New Financial Regulations Will Expand Bureaucracy
In a new study released this week, Competitive Enterprise Institute scholars size up the Treasury Department’s recent proposal to restructure the way…
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