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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Search Posts
Products
Proposed Regulatory Report Card
Regulatory Report Card Recommended Official Summary Data by Program, Agency, and Grand Total …with 5-year historical…
Op-Eds
Regulatory Cost Balance Sheet
A new report to Congress by the Office of Management and Budget (OMB) finds that health, safety and environmental regulations cost between $174 billion and…
News Release
New Study Provides “How-To” Guide for Regulatory Reform
Washington, DC, February 29, 2000 –A new report released today by the Competitive Enterprise Institute (CEI) called for congressional approval of all major regulations…
News Release
CEI Criticizes ATF’s Proposed Ban On Alcoholic Beverage Health Statements
Washington, D.C., February 23, 2000 – CEI today filed comments urging the Bureau of Alcohol, Tobacco and Firearms (ATF) to withdraw its proposed…
News Release
Clinton Budget Is Not The Full Story
Washington, DC, February 7, 2000 – President Clinton’s new fiscal year 2000 budget proposes to spend $1.84 trillion. While that enormous amount would absorb…
Products
OSHA: The 1970s Meet the 21st Century
The reaction certainly wasn’t what anybody expected, least of all at the Occupational Safety and Health Administration (OSHA). It was a simple letter in…
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