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
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…
Blog
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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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…
Compliance Week
Coalition Urges Congress to Halt CFPB Rule on ‘Payday’ Loans
Compliance Week covers CEI’s coalition letter urging Congress to stop the CFPB’s payday-loan rule. On Feb. 6, 23 free market groups led by the…
Fox
Trump’s Assault On The Administrative State Will Benefit America
Fox News cited Competitive Enterprise Institute’s “Ten Thousand Commandments – An Annual Snapshot of the Federal Regulatory State” as proof of gross overspending by the…
WIRED
Outdated Auto Safety Regulations Threaten the Self-Driving Revolution
Self-driving cars should be welcomed for their substantial safety and mobility gains for the traveling public, especially the elderly and disabled. But the federal government’s failure…
Fox Business
Trump’s CFPB won’t be Obama’s: Key ways it could be different
Fox Business cited Iain Murray on the need for focus by the CFPB on upholding existing laws rather than imposing new ones. As the battle…
Forbes
Most Federal Agency Regulatory Guidance May Be Invalid, So Now What?
Forbes published an article by Clyde Wayne Crews, Jr. about the lack of firm rules beign established by federal agencies in stead copius “interpretive guidance”…
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