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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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News Release
Costs and Burden of Federal Regulations Reach $1.9 Trillion
Today, the Competitive Enterprise Institute (CEI) released the 2017 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State that estimates…
Blog
Why Not a “Nuclear Option” for Legislative Vetoes?
For the sake of clarity, I start with questions presented in this blog, which serve as a useful guide: Is it constitutional for one Congress…
Blog
Breaking: Gambling Bill Could Restore Freedom to States
Congress may soon consider a bill that would repeal outdated federal gambling prohibitions, and thus allow states to legalize and regulate any form of gambling,…
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Ten Thousand Commandments 2017
The burden of federal regulations on the American public reached a record $1.9 trillion last year. That amounts to a hidden tax of nearly $15,000 per…
Forbes
In Today’s World, Trump’s Balanced Budget Will Require Regulatory Reform
It seems every American president’s fiscal budget gets declared DOA. Presidents signal priorities to Congress, which subsequently goes and does at it chooses. Sen. Mitch…
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Dirty Dozen
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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