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: 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…
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Op-Eds
Bush’s Nominee is Wrong Guy for FDA at this Critical Time
The president's nominee to head the Food and Drug Administration, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past…
Op-Eds
California’s Bogus Baby Bottle Scare
The California State Assembly is about to consider legislation intended to frighten parents about the safety of baby bottles, teethers, pacifiers and other…
Op-Eds
Anheuser-Busch Trapped In Social-Issue Snare by Steven J. Milloy
Corporate managers might want to think twice about publicly engaging in environmental and social controversies. Budweiser brewer Anheuser-Busch's managers are the latest to learn…
Op-Eds
Hysteria over Cosmetics
Europe-envy by Californians may be fine for makers of champagne and foie gras, but it's disastrous for legislators in search of sound regulatory policy.
Op-Eds
California’s Extreme Makeover
If <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />California truly is the bellwether for the rest of the country, get ready for more…
Op-Eds
The Mercantilist Fallacy
The Central American Free Trade Agreement (CAFTA) is in trouble. It is so because Congress and the public have forgotten that imports are a…
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