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
Politicians should push deregulatory initiatives – not investor limits – to boost housing affordability
Both President Trump and Democrats in Congress seem to blame the high costs of housing on certain groups of real estate investors and to restrict…
News Release
Environmental problems deserve free market solutions: Our Words
Today, the Competitive Enterprise Institute is pleased to publish CEI President Kent Lassman’s lecture entitled The Environment, the Law, Markets, and the Path…
Study
The Environment, the Law, Markets, and the Path Forward
Introduction The Pharos Foundation at Jesus College, a constituent college of the University of Oxford, invited me to speak at an on-campus forum in May.
Search Posts
Blog
Compensate Donors for Giving Their Organs
My letter to the editor in today’s Washington Post: The Feb. 24 front-page article “New kidney transplant rules would favor younger patients” reported…
Blog
What Comes with Public Sector Collective Bargaining
The left has been successful in framing Governor Walker's efforts to end collective bargaining rights in the public sector as an assault on…
Op-Eds
How About a Budget for Regulations?
We have a bad fiscal budgetary process that institutionally isn’t capable of controlling the trajectory of federal spending in any direction but up. We need…
Blog
Privatizing Education the Fix for Collective Bargaining Debate
The collective bargaining debate in Wisconsin has elucidated one critical point: The federal, state, and local government should not be involved in industries that can…
Blog
Morning Media Summary
Tech: Windows Intune hits the street March 23: “Microsoft said today that the final version of its Windows Intune cloud-delivered PC management…
Blog
What’s in a Name? A Reflection on the SBA
The Small Business Administration (SBA) recently announced it is expanding regulation in light of recent abuses. As The Washington Post reported recently, some…
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