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: 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)…
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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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The Missing Transparency: Where’s The Unified Agenda?
When it comes to government transparency, it is essential to throw at least some sunlight on the problem. Over at the Daily Caller, Wayne Crews…
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Jobless Youth: Southern Europe’s Ticking Time Bomb
Forget austerity and bailouts. Southern Europe has an even bigger problem: a glut of unemployed young people. If this trend continues, workforces will regress in…
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At Brookings, Susan Crawford Fostering Internet Competition
Yesterday, the Brookings Institute held a panel that purported to discuss “Fostering Internet Competition”. But who is to do the fostering? Federal regulators, of course.
Daily Caller
Missing: Regulatory transparency
Every spring and fall, as certain as the turning of the seasons, the General Services Administration’s Regulatory Information Service Center (RISC) issues a new edition…
Blog
Liberal Lawmakers To Rethink California “Green Chemistry”
California's Green Chemistry regulations have proven so unruly even the state's liberal lawmakers have begun to question the cost. The state legislature passed the…
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RIP Prince Roy of Sealand, Seasteading Pioneer
For as long as there have been states, there have been people seeking to escape state authority. Throughout most of history, such escape has meant…
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