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: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122 tariffs.
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Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
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The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
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Op-Eds
What’s the Doughboy Afraid Of?
WednesdayVermont is cold. That message will be repeated several times Wednesday night but it's bleeding obvious from the minute I step out of…
Op-Eds
Business Bankrolling of the Left
Big business primarily supports right-wing advocacy groups, right? Think again. A recent report from the Capital Research Center shows Fortune 100 corporate foundations…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News ENERGY Exxon Mobil reports second largest quarterly profit ever for a publicly traded U.S. company. …
Op-Eds
Rules of Ridicule
“Ridicule is man's most potent weapon,” says the fifth rule of Rules for Radicals: A Pragmatic Primer for Realistic Radicals, Saul Alinsky's classic…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. POLITICS State officials accuse Gov. Arnold Schwarzenegger of undermining recent legislation on greenhouse gas emissions. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SCIENCE The American Meteorological Society holds a congressional briefing, “Is Global Warming Impacting, or…
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