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: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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Op-Eds
Sink Schumer’s dangerous ‘Shareholder Bill of Rights’: It’s micromanaging madness
If deceptive labeling of bills in Congress were punishable by government agencies, Sens. Chuck Schumer (D-N.Y.) and Maria…
Blog
Regulation of the Day: Saving the Children from Durable Products
How much safer will this rule make our children? How much more expensive will the affected goods be? How many people actually bother to send…
Blog
Can the Blogosphere Be Regulated?
The Federal Trade Commission seems to think so. A fresh set of proposed Federal Trade Commission guidelines, if approved this summer, would…
Blog
More Risky, Low-Income Loans: Obama Asks Congress to Create a Harmful Consumer Financial Protection Agency
Banks will now be pressured to make even more risky, low-income loans. Obama has sent to Congress his proposal to create a politically-correct Consumer…
Citation
Goodbye, Mother Harriette: Loose Lips Daily
Blog
Obama’s Call for Light Bulb Regulation Not a New or Bright Idea
Eager to sustain his regulatory whirlwind, President Obama is now calling for efficiency standards for household and business lighting. As if the climate-themed…
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