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: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Blog
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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Blog
This Week in Ridiculous Regulations
The number of new final regulations this year topped 1,000 last Tuesday, and President Trump and Congress entered Memorial Day weekend at odds on issues…
Blog
Regulatory Costs of Anti-Property Approaches to Environmental Concerns
Environmental regulations transfer substantial wealth and can be subject to the same political failure and regulatory pork-barreling that characterize economic regulation—perhaps more so, given the…
Blog
Costs of Loss of Anonymity in Administrative Surveillance State
The ability of citizens to communicate privately and to retain anonymity if desired are foundational rights slipping away in the regulatory panopticon of the administrative…
Blog
Regulatory Costs of Blurring Corporate and Government Roles
In keeping with the tradition of ignoring political failure in service of the administrative state, the economic and social effects of GSEs, or government-sponsored enterprises,…
Blog
Costs of Antitrust Regulation and Institutionalization of Raising Competitors’ Costs
Antitrust policy is corporate welfare, a prominent illustration of how regulation, not just spending, enables and encourages transfers of wealth by force.
Blog
This Week in Ridiculous Regulations
The Game of Thrones finale aired last night, though the show’s less-plausible Washington spinoff appears set to continue indefinitely, and with a rather larger budget.
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