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: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122 tariffs.
Blog
Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
Blog
The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
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Op-Eds
Turning MySpace into TheirSpace
Like a coffee shop or a mall, the Internet has evolved into a digital “third place,” a location we visit not only for…
News Release
New ‘Center for Entrepreneurship’ to Examine Financial Regulation
Contact: Christine Hall, 202.331.2258 Washington, D.C., August 24, 2006— The Competitive Enterprise Institute is proud to announce the launch of a new…
Op-Eds
Judicial Activism in Overdrive: Massachusetts, et al, v. EPA
August 31 is the deadline for filing the petitioners’ brief with the Supreme Court in Massachusetts et al. v. U.S. Environmental Protection Agency. Plaintiffs, who…
Products
“Two-Point-Eight-Trillion-Anything Is Scary”
The Competitive Enterprise Institute’s 2006 Annual Dinner and Reception paid homage to Hollywood. The evening, themed “A Night at the Movies,” featured P.J. O’Rourke,…
Products
Beware False Profits
The Evangelical Climate Initiative has issued “An Evangelical Call to Action” on global warming. Signed by 86 evangelical leaders, it calls for Evangelical Christians to…
Products
The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people can seem to agree on…
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