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
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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…
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The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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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…
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E&E News
Key Obama Climate Orders Still On the Books
E&E News cited Myron Ebell on the inefficiencies of the Trump administration in rescinding executive orders dating from the Obama administration which hold strong implications…
The American Spectator
From The Heartland — Celebrate Small Business Week the Right Way
The American Spectator cited the Competitive Enterprise Institute about federal overregulation in not only the immense financial burden however also includes the plethora of rules…
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Regulatory Reform in Congress
While the president’s initial flurry of executive orders enacting some regulatory reforms was a pleasant surprise, the next president can undo them with the stroke…
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Long History for ‘10,000 Commandments’ on Capitol Hill
The 25th anniversary of CEI’s flagship study on federal regulation, “10,000 Commandments”, has been getting a lot of attention recently. We’re always happy when…
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How to Encourage Tech Competition: Deregulate Finance
It’s May Day, and in the pages of the New York Times appears a paean to the halcyon days of the 1930s, urging a…
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This Week in Ridiculous Regulations
The number of new final regulations passed the 1,000 mark last week, with new rules ranging from sending mail to human reliability programs.
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