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: 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…
Blog
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
Blog
Will the NLRB Push Big Labor’s Agenda?
Organized labor expended enormous amounts of resources and effort to give Democrats control of Congress in 2006 and the White House in 2008. For this…
Study
The 2010 Union Pension Bailout Bills
Get ready to give some of your hard-earned cash – again – to the cronies of Congress who are pushing for yet another bailout. Two…
Blog
Feminist Porn Director Supports Freedom of Individual Choice
Porn actress, director, and self-described “kinky feminist,” Madison Young, spoke out in an interview with Salon.com about her feelings in the condom debate that…
Blog
Election 2010: Union Losses, Worker Gains
Yesterday’s election results will make it much more difficult for organized labor to advance its agenda in Congress. This is good news for the American…
Blog
Private Liquor in Virginia Off the Menu… For Now
Virginia’s Governor Bob McDonnell announced last Friday he would not be holding a special session in order to act upon his Virginia liquor store…
Blog
Morning Media Summary
Tech: Amazon’s 3G Kindle leaps ‘Great Firewall of China’: “Amazon’s Kindle 3G e-reader is being snapped up on China’s grey market as it…
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