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
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Blog
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Search Posts
National Affairs
Putting Regulators on a Budget
National Affairs cites Vice President for Policy Wayne Crews on the cost of regulation: Separately, in 2015, regulatory analyst Clyde Wayne…
Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns…
News Release
CEI Offers Reform Ideas to Congress Aimed at Fostering Resilience and Promoting Economic Renewal
Today the Competitive Enterprise Institute (CEI) offered a set of policy reform goals for the 117th Congress focused on economic stimulus and…
Products
Free to Prosper: Banking and Finance
View the full chapter on banking and finance here Access to capital, credit, and financial services are fundamental to the operation of a free…
Products
Free to Prosper: Labor and Employment
View the full chapter on labor and employment here Increases in productivity, not artificial increases in labor prices, are the key to economic growth…
Products
Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
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