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: 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)…
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…
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Flushing Oral Oncology Drugs Down the Toilet?
An interesting article in the Journal of Clinical Oncology (via yesterday's Jerusalem Post) argues that the U.S. Food and…
Blog
Dodd-Frank Financial Law Uses Regulations to Outsource American Jobs
American jobs will soon be outsourced due to the Dodd-Frank financial "reform" law passed in 2010 with strong support from the Obama administration. That law…
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Government Fines Businessman for Creating Jobs
A CEO recently told Congress about how he was fined for hiring too many people: “I incurred more than $500,000 in legal bills to…
Blog
Regulation of the Day 197: Planking
Threats to freedoms even as trivial as planking should not be taken lying down.
Townhall
Michigan on Brink of Massive Education Reform
On Friday September 9, Michigan State Senate Majority Leader Randy Richardville (R-Monroe) announced he would introduce legislation giving teachers in his state right to work…
Blog
The Mythical Benefits of Plastic Bag Bans Debunked
Some municipalities have now imposed taxes or restrictions on plastic shopping bags, even though banning or taxing plastic bags has little effect on litter, and…
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