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
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…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
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Blog
Regulation Roundup
Britain bans starting pistols from track meets, plus more.
Blog
Rent-Seeking In The Apple Industry
A small food company in Canada has grown an apple that doesn’t turn brown after being sliced. Not everyone thinks it’s a great idea.
Blog
Alcohol Regulation Roundup: Friday The 13th Edition
Happy Friday the 13th, everyone! Remember: raise your glasses with extra care this evening. Connecticut: In a continued effort to remain competitive with alcohol…
Blog
Financial System Continues To Not Collapse On JPMorgan Chase Earnings Report
As was was widely reported this morning, JPMorgan Chase today released its quarterly earnings statement, disclosing $5 billion of net income after accounting for a…
Blog
FDA Delay Likely Killed Thousands, Imposed Billions In Costs
The FDA didn’t approve a home test for HIV until 24 years after it first received an application. According to an FDA advisory committee,…
Blog
Sign A Petition Requiring The Transportation Security Administration To Follow The Law!
Over at the White House’s “We the People” site, a petition rapidly gathering signatures that demands that the Transportation Security Administration abide by a…
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