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 Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
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The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Search Posts
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Morning Media Summary
Tech: Cubans upset at video game that aims to kill Fidel Castro: “Cuba’s state-run media and bloggers are not amused at “Call of…
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CEI Podcast – November 11, 2010: Taxing New IRS Regulations
Fellow in Regulatory Studies Ryan Young explains how an IRS proposal for mandatory certification of tax preparers would hurt consumers and taxpayers.
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Obama’s Labor Department Again Pushes Forced Unionism
You are at work one day and a couple of police vehicles pull up. They go into the administrative office area and the next thing…
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Honeycomb House: A Fresh Foreclosure Horror
Problems with empty, foreclosed, or otherwise house-poor homes no longer stop at suburban sprawl; now mosquito and wildcat infestations threaten to lower real estate values…
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Morning Media Summary
Tech: Brumby promises every doctor in public hospitals an iPad: “Victorian Premier, John Brumby, yesterday promised every doctor in the…
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Towards a Goal of Smaller Government
After Republicans swept the House in last Tuesday’s elections, President Obama took “full responsibility” for Democrats’ losses, saying: I’ve got to do a better…
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