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
DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters story claiming…
Blog
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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The Hill
Don’t give federal agencies carte blanche on regulations — make Congress vote
The Limit, Save, Grow Act, recently passed by the Republican House of Representatives, would raise the nation’s borrowing limit through March 31 of next year or…
Forbes
Congress Should Halt OMB’s Rewrite Of Circular A-4 Guidance On Regulatory Cost-Benefit Analysis
People love to gripe about red tape; but not only is there a method to the madness, there’s a certain madness to the method these…
Blog
This week in ridiculous regulations: toy guns and trophy fisheries
The 2023 Federal Register topped 30,000 pages on May 8. New inflation numbers looked better on the surface, but actually got worse. A new…
News Release
Economist James Broughel joins Competitive Enterprise Institute as senior fellow
The Competitive Enterprise Institute is pleased to welcome economist James Broughel as a Senior Fellow with a focus on innovation and dynamism. Dr. Broughel…
Blog
Screw up the dishwashers, save the planet?
The Department of Energy (DOE) proposed more stringent energy and water efficiency standards for dishwashers Friday, despite the fact that the regulations currently on…
Blog
This week in ridiculous regulations: cloudy guidance documents and potato ledprona
The number of new final regulations this year topped 1,000 last week. It was the rare 3,000-page for the Federal Register, which will likely surpass…
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