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 culture of free enterprise with Larry Reed
In this week’s episode we cover social mobility around the world, new inflation numbers, and the rise of robotaxis. Our…
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The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
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Obama Summit: President’s goals of more loans and more heavy-handed regulation in conflict
Statement of John Berlau, director, Center for Investors and Entrepreneurs, Competitive Enterprise Institute: President Obama’s twin goals of more bank loans and more heavy-handed regulation…
Newsletter
Climategate in Copenhagen, Antitrust for Health Care and Swine Flu Takes a Dive
The “Climategate” science scandal looms over global warming negotiations in Copenhagen, Denmark. Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI) lobby to end the long-standing…
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Regulation of the Day 83: Citations
The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations.
NCPA
Michigan’s Auto Insurers Make Only a Small Profit
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Financial Fiasco
I recently finished reading Swedish economist Johan Norberg's book about the financial crisis, aptly titled Financial Fiasco. It's both short and informative. Six chapters and…
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Regulation of the Day 82: Veterinarians
Did you know that the federal government is in the veterinary accreditation business? It’s true.
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