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
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…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Search Posts
Blog
The $60,000 Obama Health-Care Plan: It’s “Eye-Poppingly” Expensive on a Per-Person Basis
Obama’s health-care proposals will cost well over a trillion dollars, without providing universal coverage. They are so “eye-poppingly” expensive that even Congressional Democrats have…
Blog
Regulation of the Day: The Inter-American Tropical Tuna Commission
The State Department has renewed its membership in the Inter-American Tropical Tuna Commission. This will cost taxpayers more than $2 million in annual membership dues.
Atlanta Journal Constitution
Federal Regulatory Burden Hits $1.17 Trillion by Bob Barr
Blog
Regulation of the Day: Parole Rules for Federal Prisoners
Today’s Regulation of the Day comes to us from the Department of Justice ($26 billion 2009 budget, 112,000 employees). Parole rules for DC offenders and…
Newsletter
Clean Water, Banking Regulations and Air Quality
The Senate Environment and Public Works Committee marks up the “Clean Water Restoration Act.” President Obama announces major new controls on the…
Blog
Obama Seeks to Mandate More Risky, Low-Income Loans by Banks, in New Financial Rules
The President has just announced proposals for a major overhaul of the financial system. The proposals would force banks to make even…
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