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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The Auto Bailout We Need
The automakers have come back for more taxpayer money, which is exactly what we warned would happen when the first bailout was granted…
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UBS agrees to deal with the devil
I revoke my previous apology to the Swiss, and reiterate my previous disapproval. As evidenced by the…
Blog
To Know Card Check is to Hate it
A recent survey of 1,000 likely voters, conducted in January by the consultancy McLaughlin & Associates, finds an overwhelling majority opposed to the so-called…
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Fraud in More Ways Than One
The news of the federal fraud charges against billionaire Texan financier Sir Allen Stanford (he got the knighthood from his dual citizenship from Antigua)…
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Will Lisa Jackson turn the Clean Air Act into a gigantic de-stimulus package?
Earlier this week, in a letter to Sierra Club climate council David Bookbinder, EPA Administrator Lisa Jackson said the Agency would reconsider, via…
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Michigan Steps Aside for Stimulus
Oregonian brewers looking for a new home may want to consider moving to Michigan where a state authority may just understand the principle…
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