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
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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Blog
This Week in Ridiculous Regulations
The 2020 election is finally, mercifully, over. Barring a surprise in the Georgia Senate runoffs, we will continue to have divided government. This arrangement…
Forbes
Some Trump Executive Orders On Regulation Need To Be Kept No Matter What
Some see federal regulatory intervention as unaccountable and unrestrained. That was and remains a key focus of the Donald Trump reform agenda. Executive…
Blog
This Week in Ridiculous Regulations
The 2024 election season officially began on Wednesday. The 2020 Federal Register topped 70,000 pages right on election day, and is on pace to…
EP NewsWire
COMPETITIVE ENTERPRISE INSTITUTE: Record GDP Numbers: Good News and Next Steps
EP NewsWire cites CEI senior fellows Iain Murray and Ryan Young on economy and regulations. Ryan Young, CEI Senior Fellow: “Most of…
Blog
The 2020 Election Actually Had Some Free-Market Victories
Neither presidential candidate has much interest in limited government. But over at National Review, I look at some neglected down-ballot…
Company News HQ
Uncertain Regulatory Relief at an Uncertain Time
Once the election dust settles, Congress will wrangle over another COVID-19 spending bill, but regulation will ultimately have greater impact on the recovery. Agencies…
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