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: 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)…
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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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DeMint’s Smaller-Government Stimulus
This week, Senator Jim DeMint (R-S.C.), in response to President Obama’s stimulus plan, announced his own alternative stimulus package, which David Weigel, at the Washington…
Blog
Kiss Off to Consumers
The appropriations portion of the House stimulus bill is not the only legislation with bad ideas. The House Energy and Commerce Committee has also marked…
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Green Pork
In addition to tens of billions of dollars in the House stimulus bill for infrastructure and other projects to create jobs, there are also funding…
Blog
Apparent Hold on Solis Nomination
The confirmation of Rep. Hilda Solis (D-Calif.) as Labor Secretary has run into an unexpected delay, as an unidentified Republican senator appears to have…
News Release
CEI Unveils Agenda for Congress
Washington, D.C., January 26, 2009—With the incoming Obama administration and the opening of the new Congress, the House and Senate are…
Blog
Consumer Product Safety Law Backfires, Killing Thousands of Jobs
A consumer-product safety law recently passed by Congress will drive up the price of children’s clothes and toys and put thousands of small toymakers…
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