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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Regulation of the Day 153: Pentagon Cybersecurity
The military’s cybersecurity experts are governed by 193 documents. They are all conveniently listed in a chart. It is two feet long.
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Judge Rejects Obama Administration’s Motion to Dismiss Challenge to Obamacare
A judge in Florida has rejected the Obama administration’s motion to dismiss challenges to Obamacare brought by 20 state attorneys general and the…
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Morning Media Summary
Tech: Putting the squeeze on the broadband copper robbers: “When we think of tech crime, we tend to imagine hackers cooking up exploits…
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Government Workers Oppose Cuts in Government Jobs…Really
It turns out that government workers have a vested interest in opposing cuts in government jobs. Who knew, right? The Washington Examiner today ran…
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CEI Podcast — October 14, 2010: Antitrust Follies and Regulatory Reform
CEI Vice President for Policy Wayne Crews talks about why antitrust actually hurts competition, and offers some ideas for regulatory reform.
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Stop Coddling Mortgage Deadbeats
Right now, there’s a big manufactured outrage over the fact that at a few banks, paperwork errors occurred in foreclosures. The Wall Street Journal…
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