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
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 shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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Wall Street Journal
Trump’s Already Won
Wall Street Journal cites Senior Fellow Clyde Wayne Crews on federal red tape. From the start of his presidency, Mr. Trump paired tax reform with aggressive…
Blog
This Week in Ridiculous Regulations
In the news last week, the Justice Department filed an antitrust case against Google. It is the highest-profile antitrust case since the 1998-2002 Microsoft case.
Foreign Affairs
MIL-OSI USA: Attorney General Becerra Condemns Trump Administration Rule Undermining Cost-Saving Efficiency Standards for Residential Dishwashers
Foreign Affairs cite Competitive Enterprise Institute on dishwashers and regulatory policy. California Attorney General Xavier Becerra today issued the following statement in response to the…
The Daily Signal
Cleaner Faster? Trump to Let Dishwashers Use More Water
The Daily Signal cites Competitive Enterprise Institute on dishwashers and regulatory policy. Dishwashers on average take about two and a half hours to wash a load…
Blog
This Week in Ridiculous Regulations
It was a four-day week due to Columbus Day or Indigenous People’s Day—the controversy over which was just one of the things people were outraged…
Wall Street Journal
Democrats Assured ACA Would Come Before ACB
California and the House asked the Supreme Court to fast-track’s Texas’ challenge to the law. Democrats now claim they oppose Judge Amy Coney Barrett’s confirmation…
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