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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Dickie Scruggs Back in Court
But, alas, not as a litigator – the role that made him rich and famous – but as a defendant. According to Legal Newsline,…
Blog
Amid Recession, Congress Forces Thrift Stores to Close
According to statements from the National Association of Retail & Thrift Shops and the National Association of Manufacturers, a law designed to protect kids…
Blog
Stimulating Comment
Comment from a friend watching Obama’s Indiana town hall promoting the stimulus: “Some chump just told Obama to mail a check to the people who…
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Tilting at Food Safety Windmills
Unfortunately, as long as the world's food production system continues to be highly decentralized and fragmented, there will continue to be foodborne illness outbreaks like…
Blog
Why “doing nothing” is something really big: Stopping the Anti-Stimulus
Robert Higgs, he of the famous “ratchet effect” theory of government growth (up but never down in answer to a crisis), has…
Newsletter
Stimulus Showdown, New SEC Rules and Obama’s Labor Pains
Aides on Capitol Hill prepare for negotiations between House and Senate versions of the economic stimulus bill. New Securities and Exchange Commission chair Mary Schapiro…
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