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.
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Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
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…
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Blog
Congress should heed GAO’s new regulatory reform recommendations
The Government Accountability Office (GAO) released a December 2023 report titled “Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of…
News Release
Report: Federal Regulatory Agencies Abuse Power with Guidance Documents
A new report by Competitive Enterprise Institute and Paragon Health Institute scholar Dr. Joel Zinberg, Restoring Good Guidance Practices: How to restrain the…
Study
Restoring Good Guidance Practices
Executive summary Federal agency guidance documents form a large and expanding part of the administrative state’s regulatory universe. These informal documents including memoranda, bulletins,…
Study
Champagne Regulations on a Beer Budget
Regulation is often regarded as akin to a tax, albeit one that takes place off of the government’s books. Similar to a value-added tax,…
News Release
Report: Regulations disproportionately impose costs on small businesses
A new Competitive Enterprise Institute report identifies ways that federal regulations impose unfair costs and perverse incentives on small businesses every year. “From…
Blog
New bill would increase spending transparency, more regulatory transparency needed
Galileo may not have uttered the famous words, “Measure what is measurable, and make measurable what is not so,” but the sentiment behind that…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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