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
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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Op-Eds
What’s the Doughboy Afraid Of?
WednesdayVermont is cold. That message will be repeated several times Wednesday night but it's bleeding obvious from the minute I step out of…
Op-Eds
Business Bankrolling of the Left
Big business primarily supports right-wing advocacy groups, right? Think again. A recent report from the Capital Research Center shows Fortune 100 corporate foundations…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News ENERGY Exxon Mobil reports second largest quarterly profit ever for a publicly traded U.S. company. …
Op-Eds
Rules of Ridicule
“Ridicule is man's most potent weapon,” says the fifth rule of Rules for Radicals: A Pragmatic Primer for Realistic Radicals, Saul Alinsky's classic…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. POLITICS State officials accuse Gov. Arnold Schwarzenegger of undermining recent legislation on greenhouse gas emissions. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SCIENCE The American Meteorological Society holds a congressional briefing, “Is Global Warming Impacting, or…
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