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
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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…
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Ben Lieberman on Government Regulations
Watch the video on YouTube…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
McDonald’s 6-Month-Old Burger is a Triumph, Not a Terror
To prove a friend wrong, New York artist Sally Davies left a happy meal out on her counter for six months. Yesterday, several media…
Blog
Regulation of the Day 152: Locking Your Car Door
The government of Bucks County, Pennsylvania plans to issue $25 fines to people who forget to lock their cars.
Blog
Wayne Crews in The Washington Times
Wayne Crews has an op-ed in today’s Washington Times titled, “The Tyranny of the Unelected.” He writes, The year’s Federal Register – the daily depository…
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Fox Business: Government Is Burning Our Money
Americans are peeved about the economy. Or, 85 percent of us are, according to an ABC News article. So, we need government to…
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