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.
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Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Blog
A remembrance: C. Boyden Gray, 1943-2023
We mourn the passing of C. Boyden Gray. He was a man of his family, the law, and his country. Boyden served in…
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…
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…
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…
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.
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…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment