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: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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Op-Eds
Clinton’s Midnight Madness vs. the Bush Administration
Remember all those “<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />midnight regulations” finalized by outgoing Clinton administration officials during their final two months…
Op-Eds
No, Not the NHS!
Whenever I hear the words “universal health care” — as I did during Sunday night's Democratic debate in <?xml:namespace prefix = st1 ns =…
Op-Eds
End Subsidies for Nanotechnology
Op-Eds
UN-Dermining the Net
There's mounting evidence that the Internet's good old days as a globalcyberzone of freedom—where governments generally take a “hands off” approach—may be numbered. [Last year] delegates from 192 countries met in <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Geneva to discuss how the Internet should be governed and what steps should be taken to solve the global “digital divide” and “harness the potential of information” onbehalf of the world's poor. Also on the table at the session—the UnitedNations World Summit on the Information Society—was the question of domainname management and how much protection free speech and expression shouldreceive on the Net. The real issue, however, is whether a “United Nations forthe Internet” is on the way. The great advantage of the Net is precisely the ability to reach as many peopleas possible and overcome artificial restrictions on trade or communications attraditional geographic boundaries. The Web, whatever problems it has raised,has provided far more opportunity and freedom to mankind. The United Nationsappears eager to assume greater control over the Net, not because of itsfailures, but because it undermines members' authority. That sounds like thebest reason ever to make sure a United Nations for the Internet never becomes areality. …
Op-Eds
Everybody Wants to Rule the Web
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a “hands off” approach—may be numbered.
Op-Eds
Taxing Fat, Killing Jobs
Dark clouds of uncertainty now hover over the future of some 26,000 European companies and their 2.6 million employees. These firms represent Europe’s food…
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