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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
This Week in Ridiculous Regulations
It was a four-day week for the federal government as the nation celebrated Independence Day. Meanwhile, agencies published new regulations ranging from the Paper and…
News Release
CEI Applauds DOE for Granting Its Petition to Speed Up Dishwashers
Responding to a petition from the Competitive Enterprise Institute (CEI), the Department of Energy (DOE) today announced a new rulemaking related to the problem of…
Blog
Guidance Documents of the Week
Each guidance document might be small, but when there are 13,000 of them per decade, mostly without outside review or accountability, they add up. This…
Blog
This Week in Ridiculous Regulations
The 2019 Federal Register broke 30,000 pages last week, the Democratic presidential candidates had their first debates, and the U.S. and Chinese governments prepared for…
The Singapore Business Times
Regulating Facebook Protects Facebook
The Singapore Business Times cites a CEI report on the economy under the Obama Administration. More recently, a report by the Competitive Enterprise…
Blog
‘Gundy’ Decision Could Signal Fundamental Reform of Administrative State
It is hard to describe how important the Supreme Court decision last week in Gundy v. United States is. In one sense, nothing changed—no case…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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