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…
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…
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CEI Weekly: CEI Protects Main Street From Financial Reform Bill
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's coalition efforts with other organizations to show the harms…
Blog
“How many regulators does it take . . .?
On Bankstocks.com Thomas Brown has a clever piece about why a new consumer financial protection agency doesn’t make any sense. He describes a commercial…
Blog
Supreme Court Overturns Ban on Cross; Gay-Marriage Opponents Will Lose Privacy Battle; Controversial Judicial Nominees; Wal-Mart Faces Mega-Lawsuit
In a splintered ruling, the Supreme Court ruled that a trial judge erred in issuing an injunction against a cross honoring veterans. It…
Blog
Regulation of the Day 135: Mustache Nets
Just like church and state, hair and food are best kept separate. Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood:…
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Goldman Sachs Endorses Trojan-Horse Financial “Reform” Bill; Bill Has Payoffs for Special Interests
The CEO of Goldman Sachs, the Wall Street firm accused of fraud by the SEC, has endorsed…
Blog
FDA Salt Statement Leaves a “Mistaken Impression”
Some 80 years ago this month, Mahatma Gandhi led tens of thousands on a 240-mile march in protest against a British salt tax, inciting millions…
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