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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GOP “Pledge to America” Includes Constructive Reg Reform
The House Republican “Pledge to America” unveiled today has been criticized by RedState’s Erick Erickson and other center-right pundits for a lack of specifics.
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Obama Financial Czar Appointment Is Unconstitutional, Liberal Law Professor Says
Obama has appointed controversial Harvard Law Professor Elizabeth Warren to informally run the powerful, newly-created Bureau of Consumer Financial Protection that will regulate the…
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Many Free Checking Accounts Disappearing Due to Dodd-Frank Financial “Reform” Law
The so-called financial “reform” bill that passed Congress — the Dodd-Frank Act — is wiping out many free checking accounts, since…
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Unfair ‘Paycheck Fairness Act’ Shafts Workers With Hazardous Jobs
We wrote earlier about the Paycheck Fairness Act, a bill of Orwellian deception that would result in employees unfairly receiving equal pay…
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Study: Regulations Cost $1.75 Trillion in 2008
State and local regulations, of course, cost extra.
Blog
America: Land of the Free?
Prior to arriving in America I imagined this country as being the land of the free. But somehow, it turned out this was a wrongly…
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