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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Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Daily Caller
Bad Publicity, Good Results
Turns out there is such a thing as bad publicity. School districts across Wisconsin have closed because of the number of teachers calling in…
Blog
CEI Podcast for February 17, 2011: Let the Best Bulb Win
Brian McGraw, a Policy Analyst for CEI's Center for Energy & Environment, talks about the coming incandescent light bulb ban, who it benefits (bulb manufacturers),…
Comment
CEI Submits Comments on Commercial Motor Vehicle Operator Hours of Service
Full Document Available in PDF On behalf of the Competitive Enterprise Institute…
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Morning Media Summary
Tech: ‘Watson’ the computer creams human ‘Jeopardy!’ champs: “An IBM computer creamed two human champions on the television game show “Jeopardy!” today in…
News Release
Dodd-Frank Debit Price Controls Condemned by Michigan Legislature, Coalition Letter
Washington, D.C., February 17, 2011 – Today, the House Financial Services Committee is holding a hearing on Dodd-Frank’s Durbin Amendment, which puts below-cost price…
Blog
Defending the Incandescent Light Bulb
Jim DiPeso, writing at The Daily Green, does not care much for Freedom Action’s campaign to overturn the impending ban on…
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