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: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
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…
Search Posts
Blog
This Week in Ridiculous Regulations
Consumer spending rose 8.2 percent in May, a new record that gives hope for a quicker economic recovery. On the other hand, new coronavirus cases…
Forbes
Regulating Social Media Content Moderation Will Backfire And Make Big Tech More Powerful
As repeatedly noted by defenders of free speech, expressing popular opinions never needs protection. Rather, it is the commitment to protecting dissident expression that…
Blog
Podcast: Reforming #NeverNeeded Regulations
The John Locke Foundation has released a Rebound Plan for North Carolina, where it is based—the basketball reference is a nice touch. It contains reform…
Blog
This Week in Ridiculous Regulations
Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way…
Blog
Has Trump Been a Net Deregulator?
Pierre Lemieux, in Regulation magazine, draws from the new 2020 edition of Ten Thousand Commandments to estimate the Trump administration's net impact on regulation. Trump’s…
Blog
Emergencies and the Project Manager’s Dilemma
Government agencies’ initial responses to the COVID-19 crisis were notable for one particular characteristic: incompetence. From basic errors in data collection, through failed lab safety…
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