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.
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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…
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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…
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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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Op-Eds
Are Entrepreneurs Creating The Growing Economy, Or Is The Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However the many metrics seeking to explain governmental policies' effects on entrepreneurship probably…
Forbes
Trump’s 2018 Regulatory Reform Agenda by the Numbers
The Trump administration has released the new Spring 2018 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions.
Forbes
Should Congress be Repealing Agency Rules that are Already Invalid?
The Senate has voted to repeal a 2013 Consumer Financial Protection Bureau (CFPB) regulatory guidance document that took the form of a “bulletin” on “Indirect…
Forbes
An Inventory of Federal Agency Guidance Documents
Is that an exciting click-bait title or what? It gets even better though. Federal regulations’ hundreds of billions in costs and burdens are a familiar…
Blog
Driving Innovation: Timbro Index Charts Scope of Global Sharing Economy
The Swedish think tank Timbro has published the first global index of the sharing economy. The Timbro Sharing Economy Index (TSEI) is the…
Blog
White House Budget Director Mulvaney Speaks at CEI Annual Dinner
Mick Mulvaney, director of the White House Office of Management and Budget, delivered the keynote address at the Competitive Enterprise Institute’s Annual Dinner and…
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