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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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State Of The Union Live Blog 2013
Welcome to the Competitive Enterprise Institute’s live blog of President Barack Obama’s 2013 State of the Union address. Tune in here on Tuesday night at…
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CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from your doctor’s stock portfolio to growing wine in Indiana.
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No More Regulation Without Representation
Over at the American Spectator, Wayne Crews and I show just how bad the problem of regulation without representation is by using Wayne's handy Anti-Democracy…
The American Spectator
The Anti-Democracy Index
The United States Constitution gives “all legislative powers herein granted” to Congress. Neither the judicial nor the executive branch has the power to make laws,…
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National ID Proponents’ Bad Arguments
America’s new national identification system is coming. President Obama and a bipartisan group of senators want to enact a national identification card that would…
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Obamacare: More Cost, Less Coverage
Seven million fewer people than predicted will have health care coverage a decade after Obamacare’s passage, admits the Congressional Budget Office. One reason “is that…
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