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
The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
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Op-Eds
Greens Are the Real Energy Problem, by Steven J. Milloy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> It goes without saying that the global economy depends on the availability of…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ANTITRUST Microsoft submits its final proposal for complying with the latest order by the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The Senate Select Committee on Intelligence begins debate over whether to renew…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ECONOMIC LIBERTY The union campaign against Wal-Mart expands in the Washington,…
Op-Eds
The Problem with the Voice over IP 911 Mandate
“Today the FCC adopted a rule requiring VoIP providers to provide emergency 911 calling services and they will have only 120…
Op-Eds
If Wishes Were Horses, This Would Be the Kentucky Derby
GENEVA, Switzerland—The 58th World Health Assembly (the World Health Organization's policy-making body) under way here brings to mind the cliché about the contestants…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment