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 ENERGY Exxon Mobil reports second largest quarterly profit ever for a publicly traded U.S. company. …
Op-Eds
Rules of Ridicule
“Ridicule is man's most potent weapon,” says the fifth rule of Rules for Radicals: A Pragmatic Primer for Realistic Radicals, Saul Alinsky's classic…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. POLITICS State officials accuse Gov. Arnold Schwarzenegger of undermining recent legislation on greenhouse gas emissions. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SCIENCE The American Meteorological Society holds a congressional briefing, “Is Global Warming Impacting, or…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The FDA approves a new drug to treat severe cases of Alzheimer’s disease.
Op-Eds
Big business loses a buddy with Mark Foley resignation
WASHINGTON – We’re still figuring out who knew what and when about former Florida Rep. Mark Foley’s behavior toward pages, but the disgraced…
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