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
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…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Search Posts
Blog
Coming Soon: A Predatory, Anti-Business Federal Trade Commission?
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all…
Blog
A Gamer Win For Parenting
If you’ve followed my posts here at OpenMarket.org or at my personal site, you’re well aware of the fact that I…
Blog
Top Ten Federal Rules to Jettison — According to Small Businesses
The Small Business Administration’s Regulatory Review and Reform initiative (r3) has a new compilation of rules that need reform, according to small businesses across…
Blog
More Grand Theft Common Sense
I used to think that the groups and individuals that sat around eagerly anticipating the launch of a new Grand Theft Auto (GTA) game were…
Op-Eds
The Auto Bailout We Need
GM and Chrysler have come back for more taxpayer money, which is exactly what everybody warned would happen when the first bailout was granted…
Blog
The Auto Bailout We Need
The automakers have come back for more taxpayer money, which is exactly what we warned would happen when the first bailout was granted…
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