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: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
Blog
Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
Study
The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
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News Release
Senate Takes on Fuel Economy Regulations
Washington, D.C., May 3, 2007—Members of the Senate will hear testimony today on the effects of the federal government’s fuel economy regulations, but…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A new survey finds many Americans concerned about global warming but unwilling to accept the recommendation of…
News Release
Supreme Court Ruling Lifts Onerous Bank Regulations
Contact: Christine Hall, 202-331-2258 Washington, D.C., April 17, 2007—Today the U.S. Supreme Court ruled that federal law, not state law, controls regulation of mortgage lending…
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…
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
