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
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
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…
Search Posts
Blog
Senate Finance Committee Rejects Public Option
Liberal Democrats are fuming. House Speaker Nancy Pelosi (D-Cal.) and House Commerce Committee Chairman Henry Waxman (D-Cal.) remain committed to a "public option". President Obama…
Blog
It’s Complicated
Journalists have a tendency to present overly-simple explanations of current events that often turn out to be false. Part of it is due to the…
Blog
New Study on How Government Employee Unions Squeeze Public Budgets
As in other states, government employee unions oppose cuts that would affect their members. All unions do this, but public sector unions are different.
Newsletter
Opposing Net Neutrality, TSA Unionizing and Banning Soft Toilet Paper
The Washington Post editorializes against the FCC’s proposed “net neutrality” regulations. The American Federation of Government Employees seeks to unionize airport safety screeners and other…
Blog
Obama Slaps Unconstitutional Gag Order on Critic of His Health Care Plan
While Obama ally ACORN attempts to gag whistleblowers who exposed its role in a recent scandal, the Obama administration is trying to gag…
Blog
Obama Losing Youth on Health Care
The National Journal had an interesting article this week describing the difficulty Democrats have been having getting young adults interested in the health care debate.
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