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: Balancing the budget with Kurt Couchman
In this week’s episode we talk about our 150th episode anniversary party, the documentary Dear Mr. President: The Letters of Julia…
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Stop the snapback: Congress can make small-business deregulation stick
This week, CEI sent a letter to Congress urging the House to pass Rep. Beth Van Duyne’s (R-TX) H.R. 2965, the Small Business…
News Release
CEI supports SCORE Act protecting college athletes’ right to profit
The Competitive Enterprise Institute endorses the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act sponsored by Rep. Gus Bilirakis (R-Fla.), which would ensure…
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Better Living Through Government Mandate
Technology—or rather government-favored technology—has gained favor among Washington politicos and activists. Technology, these activists seem to believe, makes it possible to mandate almost anything—recycling,…
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Acute Government Activism
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Don’t Cross these Lines
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Barriers to Private Insurance
Full Document Available in PDF The American insurance industry is shackled by regulations and restrictions…
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An Environmental House of Cards
AFTER REPEATEDLY HEARING “read my lips, no new taxes,” it is appropriate to ask whether President Bush’s promise to be green was simply protective coloration.
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Deadly Overcaution: FDA’s Drug Approval Process
Full article available in PDF When the federal Food and Drug Administration announces its approval of an important new drug, the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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