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
Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
Blog
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Search Posts
Blog
“Ten Thousand Commandments” on Capitol Hill
Regulatory reform is at least as important as spending, taxes, and deficits, but it doesn’t get nearly as much attention. That’s why we are pleased…
Blog
Regulation of the Day 170: Kinder Eggs
Kinder eggs are a type of candy that enjoys worldwide popularity. They are also illegal in the United States.
News Release
House Subcommittee Addresses High Costs of Regulations
Washington, D.C. May 3, 2011 – Tomorrow, the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law will hold a hearing on “Cost-Justifying…
Roll Call
Federal Rules Fight Sparks Reunion
Roll Call discusses the costs of federal regulation with Wayne Crews. Wayne Crews, vice president for policy at the Competitive Enterprise Institute, just…
Blog
Regulation of the Day 169: Singing “Kung-Fu Fighting”
A British man was arrested for singing the 1970s hit “Kung-Fu Fighting”.
Roll Call
Ten Thousand Commandments: How Much Regulation Is Enough?
President Barack Obama’s recent federal budget proposal for fiscal year 2012 sought $3.729 trillion in discretionary, entitlement and interest spending. For reference, George W. Bush…
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