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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Newsletter
Bailouts, Wind Energy, and Credit Card Regulation
Hans Bader argues that the new bailout makes responsible citizens "Suckers." Myron Ebell thinks it is doubtful that wind farms will survive Hurricane Earl. John…
Blog
You Were a Sucker If You Were Responsible, Thrifty, and Saved Money for a Down Payment
The Obama administration will launch today a new $14 billion program to bail out some people who are underwater on their mortgages. During the…
Op-Eds
Credit Card Regulation: Big Government vs. Small Business
Blog
Unemployment Jumps to 9.6%, 54,000 More Jobs Lost
Unemployment went back up to 9.6%, as the nation shed 54,000 jobs in August. Yet Obama calls this “Recovery Summer.” This is…
Blog
Record Federal Spending Increase Due to Wasteful Spending Like the Failed Stimulus Package
Federal domestic spending increased by a record 16 percent this year, thanks to wasteful spending by the Obama administration, such as its “huge economic…
Blog
Antibiotics and Meat DO Mix
Whether you’re talking about human or animal use, banning beneficial uses today can have negative impacts on human and animal health just as surely as…
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