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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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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This Week in Ridiculous Regulations
Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way…
Blog
Has Trump Been a Net Deregulator?
Pierre Lemieux, in Regulation magazine, draws from the new 2020 edition of Ten Thousand Commandments to estimate the Trump administration's net impact on regulation. Trump’s…
Blog
Emergencies and the Project Manager’s Dilemma
Government agencies’ initial responses to the COVID-19 crisis were notable for one particular characteristic: incompetence. From basic errors in data collection, through failed lab safety…
Blog
A Look At Trump’s Deregulatory Record and How More of the Same Can Anchor the Next Coronavirus Recovery Package
I remembered wondering in 2017 whether the federal government would be larger or smaller after four years of Trump. The debt has now topped $25 trillion and the deficit alone…
The Washington Examiner
Trump’s Regulatory ‘Impulses’ Threaten Victories Over Swamp
The Washington Examiner cites Competitive Enterprise Institute Vice President Clyde Wayne Crews regarding regulation in the Trump administration. President Trump has continued his unprecedented rollback of…
Blog
This Week in Ridiculous Regulations
The rate of new coronavirus cases increased last week, adding a note of caution to tentative efforts at reopening. Regulatory agencies issued new final regulations…
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