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 leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Search Posts
Blog
Auto Bailout Would Kill Jobs, Impoverish Taxpayers
A bailout would be worse for the auto industry than automakers filing for bankruptcy, explains banking and bankruptcy expert Todd Zywicki, a law professor,…
Newsletter
Bailout Indecision, Greenhouse Gas Negotiations and Privatizing Electricity
President Bush and Treasury officials continue to evaluate possible bailout proposals for General Motors and Chrysler. Twenty-seven European countries sign a new agreement to reduce…
Blog
The Cloverfield Monster of the Internet
Earlier posts today dealt with the hoo-ha over Net Neutrality. By coincidence, an anonymous colleague put the following old 1996 quote by Sen. James Exon…
Blog
“Net Neutrality,” RIP? Well, One Can Hope
Net neutrality has long been a threat to Internet users. Despite the rhetoric and appeals to “openness,” it was always an anti-consumer enterprise, irretrievably and…
Blog
Why Not a Wal-Mart Bank?
Seems like every business these days is becoming what’s called a “bank holding company” — seeking the shelter of the federal government’s deposit insurance and…
Newsletter
Auto Bailout, Global Warming Controversy and Free Trade
Senators vote down a bailout proposal for U.S. auto companies. Czech President Vaclav Klaus criticizes a new European agreement on global warming as “a silly…
Blog
Bush’s Auto Bailout: Illegal or Unconstitutional
The Bush Administration is planning to bailout the Big Three. It's using part of the $700 bill financial sector bailout package by seizing on TARP's…
Blog
Lawrence Lessig and Fighting Corruption
Lawrence Lessig has recently shifted his focus away from intellectual property and technology policy and toward tackling the larger issue of political corruption. It’s quite…
Blog
Antitrust Liberalization May Avert Need for Bailouts; Outdated Laws Deter Efficient Mergers
In early 2007, the economy was humming along and General Motors was considered to be in the process of a turnaround. To help stabilize itself,…
Op-Eds
Power to the People
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Blog
Jay Leno Riffs on the Bailout
A new viral email, claiming to be jokes written by Mr. Leno, adds a bit of humor to the financial crisis. As business and government…
Blog
Federally Sanctioned Propaganda Machine
Apple's 1984 "Big Brother" ad An article over at Ad Age brings up an angle on the whole…
Blog
Auto Bailout Smoke and Mirrors
Mickey Kaus, a moderate Democrat, explains how the proposed auto bailout contains little leverage for the proposed “auto czar” to really cut the excessive…
Blog
Auto Bailout – Destroying Detroit by ‘saving’ it
In a famous quotation from his 1986 address to the annual White House Conference on Small Business, President Ronald Reagan quipped that “government’s view…
Study
The Railroad Competition and Service Improvement Act
Why Government-Enforced “Competition” Will Not Work.
Blog
German Finance Humor
When the Germans are laughing at you, things are in a pretty serious mess. That’s the case with the British version of the bailout, which…
Blog
Unbelievable Gall from the New York Times
As economists and the Wall Street Journal have noted, the Community Reinvestment Act was an important ingredient of the financial crisis, by pressuring…
Blog
Censorship and Bailouts for the Rich
George Will has an interesting column on how the so-called “Fairness Doctrine” that many liberal lawmakers want to reimpose in order to shut down…
Citation
Advocacy groups vs. Bush’s 11th hour
Citation
Expertise Trumps Ideology in Obama’s Early Picks
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auto bailout
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PCAOB Case to Supreme Court
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Waxman Win Is Boon for Environmentalists, Bust for Utilities
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The Waxman Wane
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Bush administration’s legacy
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carbon dioxide and The Clean Air Act
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auto industry bailout
Newsletter
White House Summit, Auto Bailout and Oil Drilling
Leaders of twenty nations gather at the White House to discuss the global financial downturn. Lawmakers prepare to debate a financial…
Op-Eds
Another housing crisis brewing
As it continues to pick up the pieces from the mortgage mess, Congress needs to take note of another housing-related crisis that threatens…
Citation
“midnight” regulations
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regulatory reform and Sarbanes-Oxley
Newsletter
Freezing Regulations, Attorney General Prospects and Bailing Out Detroit
President Elect Obama meets with his team of economic advisors. Controversial law professor Charles Ogletree is mentioned as a possible nominee for Attorney General. Detroit’s…
Op-Eds
Bush Should Keep Promise To Stop New Regs
Despite his party’s defeat at the polls last week, President Bush still wields enormous regulatory power. The way he manages this power—and, in…
Newsletter
White House Transition, More Bailouts and Power Struggles in Congress
George W. Bush and Barack Obama hold transition talks at the White House. Auto manufacturers continue their push for their own federal bailout. Two senior…
Tech Policy Central
CEI Blasts New Banking, Internet Gambling Regulations
News Release
An Agenda for the Obama and Bush Meeting
Since the President and President-elect start spending quality Oval Office time together today, and since the incoming administration’s advisors can’t settle on either pushing a…
Op-Eds
Dealing with the Threat of Global Recession
Fred L. Smith Jr. and John Berlau on the upcoming Global Economic Summit: Governments should agree to a timetable to end the bailouts.
Tech Policy Central
Op de valreep versoepelt Bush wat strenge milieuregels
Newsletter
Online Ads, Regulatory Reform and Free Trade
Google and Yahoo abandon a proposed advertising partnership amid antitrust concerns. President-Elect Obama begins transition work with the current White House staff. Rep. Rahm Emanuel…
Tech Policy Central
Next up: Bush administration’s anti-environment rules
Tech Policy Central
Groups Seek To Halt ‘Midnight Regulations’
Tech Policy Central
Bush Team Rushes Environmental Policy Changes
Capital Reseach
The economic crisis is the fault of the American people
Capital Reseach
Bush rushes through ‘harmful’ environment laws
Capital Reseach
Green, Free-Market Groups Decry ‘Midnight Regs’
Capital Reseach
Obama vs. Clinton
Ever since the economy emerged as the top campaign issue, Barack Obama has developed two basic messages. One is that the deregulation John McCain…
Capital Reseach
In Bush’s end-game, lots of changes on environment
Capital Reseach
Spitzer and Sarbox Were Deregulation?
News Release
Conservation and Free-Market Groups Call for Regulation Moratorium
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Newsletter
Internet Censorship, Reforming Fannie and Freddie and Free Trade with Colombia
American tech companies announce new guidelines for doing business in nations threatened by censorship. Lawmakers urge embattled mortgage giants Fannie Mae and Freddie Mac to…
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