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: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Search Posts
Blog
Guidance Documents of the Week: Social Security Administration and Treasury
Guidance documents are statements of policy issued by your favorite alphabet soup agencies, which more often than not translate into law, despite rarely going through…
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…
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