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
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Newsmax
Dear President Trump, Please Fire CFPB’s Cordray — Now
On Oct. 30, 2017 Consumer Financial Protection Bureau (CFPB) Director Richard Cordray released a letter to President Donald Trump in which Cordray urged the…
The New York Times
Net Neutrality Hits a Nerve, Eliciting Intense Reactions
The New York Times cited the Competitive Enterprise Institute in its support of internet regulation reforms that seek to create a more regulation-free environment. …
New York Post
Banks Remain Quiet On Mulvaney CFPB Appointment
The New York post quoted Iain Murray about the conditions of a legal standoff surrounding the CFPB. While Washington was buzzing on Monday…
The Hill
EPA blocks scientists who get grants from its advisory boards
The Hill quoted Myron Ebell on the actions of EPA Administrator Scott Pruitt and his recent reforms. The Trump administration rolled out a…
The Hill
Why are we still regulating Main Street like Wall Street?
It’s no secret that banks across America aren’t doing well under the Dodd-Frank Act, Congress’s response to the 2008 financial crisis. Since Dodd-Frank’s enactment in…
The Hill
Credit Trump for boosting business and fueling our economic growth
The Hill cited the Competitive Enterprise Institute for the success of President Trump’s deregulatory policies and the postive impact said changes are materializing for business…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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