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
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…
Search Posts
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FACT Check the Internet’s Future
The Future of American Communications (FACT) working group funded by the Media Democracy Fund released its official report on the 26th of January. The report,…
Blog
We’re Here from the Government to Hurt You (the Toymakers)
That old line about “we’re here from the government to help you” always garners a laugh. But small toymakers are crying. Investigative columnist Timothy…
Blog
Unions Stall on EFCA, Advance Elsewhere
The Democratic Congress’s failure to pounce instantly to pass the so-called Employee Free Choice Act (EFCA), also known as the “card check” bill, presents a…
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Obama Distorts Ledbetter v. Goodyear Case, In Signing Lilly Ledbetter Fair Pay Act
In signing his first bill into law, Obama didn’t let facts get in the way of a good story, or milking a political wedge issue.
Blog
COP, America’s Financial Paper Tiger
The Congressional Oversight Panel (COP) recently issued a report on the TARP. This report represents the second in a monthly series of reports to be…
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That Was Fast: Stimulus Passes House
The House of Representatives has just passed the $800-billion stimulus package which President Obama hopes to make a centerpiece of his administration’s early economic…
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