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
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…
Search Posts
USA Today
No, the Internet Is Not About to Be Destroyed
The headlines regarding the Federal Communications Commission’s upcoming vote on “net neutrality” regulations suggest impending doom. “FCC Is Revving Up to Destroy the Internet…
Blog
President’s Fall Policy Update
We have measures and very clear guideposts to tell us if we are on the right path.
RealClear Policy
Why Government Grows Despite the Constitution
Nearly every administration since Reagan has pledged to reduce the size of the bureaucracy or increase government efficiency, but they have all missed the low…
Blog
Senate Bill’s Stealth FIFO Capital Gains Hike Hinders Tax Reform
It’s crunch time on tax reform! The House passed a bill just before Thanksgiving. Now it’s the Senate’s turn. A good tax reform bill would…
The New York Times
Net Neutrality Hits a Nerve, Eliciting Intense Reactions
The New York Times covers the proposed rollback of Net Neutrality regulations. It usually doesn’t take much to get people on the internet worked…
Bloomberg View
Trump Deserves Some Credit for the Rally in Stocks
A. Gary Shilling, writing for Bloomberg View cites Wayne Crews’ “10,000 Commandments.” Reducing government regulation is tough. It’s resisted by all those who benefit, including…
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