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
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
News Release
CEI Report Calls for Executive Order to Shine Light on Guidance Documents and Other “Regulatory Dark Matter”
The Competitive Enterprise Institute (CEI) released a new report today, calling on the White House to issue a new executive order to highlight and strengthen…
Study
A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
Yogonet
The American Gaming Association Testifies On US Sports Betting
Yogonet cited CEI on sports betting regulations. The American Gaming Association (AGA) today informed the House representatives that “no additional federal engagement…
Stiffs and Georges
Federal Sports-Betting Regulation Bombs
Stiffs and Georges cited CEI on sports betting regulations. At least one woman was treated with respect yesterday on Capitol Hill and that was the American Gaming…
Blog
This Week in Ridiculous Regulations
It was a busy week in the political world, from the bitter Supreme Court controversy to President Trump’s UN speech, to tariffs on $260…
Small Business Trends
NLRB Proposes Rule Change To Restore Joint Employer Standard
Small Business Trends cited CEI’s Policy Analyst Trey Kovacs on NLRB proposed rule change. Labor policy analyst Trey Kovacs of 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