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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The deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
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Free the Economy podcast: Truth, lies, and economics with Jeremy Horpendahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
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The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the Federal…
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Op-Eds
Second Wind for the Global Economy: Kemp Nationally Syndicated Column
Copyright 2001 Copley News Service Kemp Column Distributed by Copley News Service July 9, 2001 Even as the…
News Release
Cost of Government Day
The Deadly Cost of Fuel Economy Regulations Statement of Sam Kazman, General Counsel Competitive Enterprise…
News Release
White House Listening on Regulatory Reform
Washington, DC, June 29, 2001 — With the fight over taxes over for now, the Bush Administration may soon be taking a hard…
News Release
Federal Court Dismisses Alcohol Advertising Case
Washington, DC, June 26, 2001— A federal district court last week dismissed a challenge to a federal agency’s ban on advertising the medical…
News Release
Little-Known Regulations Contribute to Cost of Government
Washington, DC, June 19, 2001 — Many American know that they must work, on average, from January 1 to May 3 (Tax Freedom…
News Release
Benefits of Moderate Alcohol Consumption to Get Their Day in Court
Washington, DC, June 11, 2001— The Competitive Enterprise Institute and Consumer Alert will present their case for freedom of speech in alcohol labels…
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