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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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Accountability, Power, and Our CAP Project
Violations of the Constitution come in all shapes and sizes. Many of you may be familiar with the Tobacco Master Settlement Agreement (MSA), which CEI…
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Animal Rights, Human Wrongs
Animal rights extremists—whom the FBI has labeled America’s biggest domestic terrorism threat—have encountered a number of serious reverses recently. These reverses are a great victory…
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CEI Planet: March – April 2006
Full Document Available in PDF New Era, or ‘Ancien Régime,’…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL State attorneys general ask the Supreme Court to step into a dispute over the states’ 1998…
Op-Eds
Corporate McSocial Responsibility
Fast-food gadfly Eric Schlosser has a new book out. Chew On This: Everything You Don’t Want to Know About Fast Food is Fast…
Letters
70% of Americans Say They Don’t Want the Government to Prepare Taxes for Them
Full Document Available in PDF Reps. Melissa Hart and Anna Eshoo have introduced H.R. 5114, the Tax Return Choice Act of 2006,…
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