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: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
Blog
How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
Search Posts
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…
Newsletter
The Fed, Biotech Crops and Mortgage Bailouts
Treasury Secretary Henry Paulson officially announces a plan to reform oversight of financial markets. Research into genetically modified crops gets a boost in India. President…
Newsletter
Paulson’s Plan, International Competition and New Leadership at FTC
Treasury Secretary Henry Paulson’s plan to reform oversight of financial markets sparks intense debate. U.S. capital markets lose ground to international competitors. President Bush appoints…
News Release
CEI Opposes Broad New Powers for Federal Reserve
Treasury Secretary Henry Paulson today unveiled a plan for restructuring the federal role in regulating financial institutions. The blueprint contains good recommendations on…
Citation
5 Absurd Product Bans
Citation
Economic Stimulus
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