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: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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Newsletter
CEI Daily Update
Issues in the News 1. HEALTH New drug approvals by the Food and Drug Administration decline dramatically. CEI Expert Available to Comment: Adjunct Scholar…
News Release
Congress Moves to Restrict Access to Home Loans
Washington, D.C., November 15, 2007—Today the U.S. House of Representatives will likely pass a new law that would limit access to home mortgages in…
Op-Eds
This just in
Mark Allen’s "FCC should face reality" [guest commentary, Nov. 8] rightly points out the negative effects of the FCC’s media-ownership rules. One not…
Op-Eds
The Subprime FHA
After two months of economic jitters over bad lending decisions, it looks as if the credit markets may have turned a corner. The stock…
Newsletter
CEI Daily Update
Issues in the News 1. TECHNOLOGY Cities across the country cancel…
News Release
Credit Union Deregulation Could Help Small Businesses
Washington, D.C., September 19, 2007—If Congress moves to de-regulate credit union business lending, it would help some selected categories of small businesses, according to…
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