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
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Search Posts
Op-Eds
Big Labor’s Agenda for the 110th Congress, Part I: The Minimum Wage
This month the first session of the 110th Congress begins with Democrats in control of both chambers for the first time since 1994. Control…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS Democratic leaders in Congress begin work on their first 100 hour agenda.
Op-Eds
Democrats: There Is Such a Thing as Too Much Regulation
As Democrats take power in Congress, speculation has swirled around the question of why Republicans lost. But there is a factor – a…
News Release
District Smoking Ban Threatens Economic Liberty
Contact: Christine Hall, (202) 331-2258 Washington, D.C., January 2, 2007 – The District of Columbia today became the newest city in…
Op-Eds
Ford Tough
Most obituarists portrayed President Gerald Ford as a humble man with few ambitions, a great conciliator, a political moderate, an all around nice…
Op-Eds
Stop Bushing the Envelope
President Bush has several strengths, but negotiating with Congress isn't one of them. He wants to come across as the Goldilocks president. As he said…
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