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: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
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)…
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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…
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Study
A FAIR Criticism
A recent report from the Federation for American Immigration Reform argues for increased immigration restrictions as a way to address the federal budget deficit. However,…
Study
The True Story of Cosmetics
Many environmental groups want to rid the world of synthetic chemicals. Now they are at war with your makeup.
Blog
White House Involved in FDA Approval of Genetically Engineered Salmon?
A couple of days ago, Talking Points Memo's Jim Kozubek reported that the Food and Drug Administration had finally decided to…
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No Money, No Sense: On the Infrastructure Bank
This morning, the House Transportation and Infrastructure Committee's Subcommittee on Highways and Transit held a hearing on the President Obama’s infrastructure bank proposal. In September, the…
Blog
Congress Should Reject Tying a Repatriation Tax Holiday to a National Infrastructure Bank
It was reported on Tuesday that Senate Democrats intent on creating a National Infrastructure Bank (NIB) have quietly thrown Republicans a bone on the…
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Alcohol Regulation Roundup: October 7, 2011
National: A Supreme Court decision is being heralded as potentially liberating the advertising market for tobacco and alcohol as it expands first amendment protections…
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