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 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…
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The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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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…
Op-Eds
The Six Ways Trump Has Cut Red Tape (So Far)
Alongside tax reform, cutting red tape has been big news. Congress created the regulatory enterprise and enabled the now-sweeping delegation of legislative power to administrative agencies…
Marketplace Radio
AUDIO: John Berlau Discusses Accountability at the CFPB with American Public Media’s Marketplace
John Berlau, Senior Fellow at the Competitive Enterprise Institute, joined American Public Media’s Marketplace, to discuss how the Consumer Financial Protection Bureau can be…
Forbes
Mark Zuckerberg Testimony: Will Washington Cast The First Stone At Facebook?
As Facebook is embroiled in three separate privacy crises, let he who never transacts commercially or politically cast the first stone.
Blog
This Week in Ridiculous Regulations
It may not feel like Spring yet, but regulatory agencies have turned their fancies to rulemaking, with 45 proposed and 70 final regulations ranging from…
Blog
This Week in Ridiculous Regulations
With a full quarter of 2018 in the books, agencies have issued just one economically significant rule—an increase in State Department fees amounting to $115…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
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Marlo Lewis, Jr.
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