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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Blog
Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
Blog
Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
Blog
America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
Blog
VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
Blog
Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
Blog
Regulation of the Day Update: Ladies’ Night Bar Specials
Attorney Roy Den Hollander think ladies' nights are unconstitutional. So he sued several bars.
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