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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
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Knowledge Problem
Distortionary Effects of Three-Tier Liquor Regulation, Wisconsin Edition
Blog
Voodoo Economics Behind Government Demand for Mortgage Write-Downs by Big Banks
In 2010, Obama administration allies proposed a trillion-dollar bailout for those lucky mortgage borrowers whose loans were owned by the government-backed mortgage giants Fannie…
Blog
American Sociological Review Finds that Right-to-Work States are Better for Business
The June publication of the American Sociological Review contained research on right-to-work states. The research in “Laws of Attraction: Regulatory Arbitrage in the Face of…
Comment
CEI Submits Comments on the AT&T — T-Mobile Merger Before the Federal Communications Commission
Full Docmument Available in PDF The Competitive Enterprise Institute submits this reply comment regarding the…
Blog
Tea Party vs. Tea Partly
In noticing the upcoming debate tonight featuring Republican contenders, I wondered to myself under which candidate would the federal government actually be smaller after four…
Pittsburg Post-Gazette
Set free our risktakers
The Pittsburg Post-Gazette references Wayne Crews's article on the cost of federal regulations. Businesses must spend more than $1.75 trillion each year 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