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
The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
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Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil giant BP shuts down a quarter of its Alaskan production due to…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONSUMER CEI launches a campaign to protest substandard appliances resulting from energy efficiency…
News Release
Federal Efficiency Rules Ruin Washing Machines
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., May 7, 2007—New findings by Consumer Reports on washing machines demonstrate that their performance…
News Release
Senate Takes on Fuel Economy Regulations
Washington, D.C., May 3, 2007—Members of the Senate will hear testimony today on the effects of the federal government’s fuel economy regulations, but…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A new survey finds many Americans concerned about global warming but unwilling to accept the recommendation of…
News Release
Supreme Court Ruling Lifts Onerous Bank Regulations
Contact: Christine Hall, 202-331-2258 Washington, D.C., April 17, 2007—Today the U.S. Supreme Court ruled that federal law, not state law, controls regulation of mortgage lending…
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