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.
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The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new regulations…
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Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to read…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil prices hit a new spike amid continuing military and political unrest in…
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The Competitive Enterprise Institute Daily Update
Issues in the News TRANSPORTATION New orders for Boeing could take a toll on its European rival, Airbus. …
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL British Prime Minister Tony Blair prepares to extradite three bankers to the U.S. to…
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Who is Ripping Off U.S. Consumers?
Washington, D.C., July 11, 2006— When big business gets its way in Washington, the result is higher taxes, stricter regulation, and bigger government all…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Lorillard Tobacco Co. signs an agreement with over 30 states to curtail Internet…
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The Competitive Enterprise Institute Daily Update
1. HEALTH The West Nile virus makes a comeback in the Midwest. CEI Expert Available to Comment: Director of Risk & Environmental…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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