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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Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
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The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
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Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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Forbes
These Federal Aviation Administration Regulations Are Why We’re Not Going to Mars
During president Donald Trump’s discussion about drinking processed urine on the International Space Station with duration record-setter Peggy Whitson, the exchange turned to a…
Learn Liberty
How “Regulatory Dark Matter” Blocks Innovation
The Trump administration’s desire to get rid of unnecessarily burdensome and unwise regulations is laudable, but fulfilling that desire won’t be easy. Nor will it…
Blog
This Week in Ridiculous Regulations
The number of new final regulations this year passed the one-thousand mark. While many of the new rules are delays or repeals of older rules,…
Blog
This Week in Ridiculous Regulations
Another droll week on the regulatory front, with new rules ranging from UHF television to restaurant menus.
News Release
April Jobs Report Still Falls Short, Regulatory Reform Needed
The jobs report for April, 2017 shows decent but not spectacular progress, says the Competitive Enterprise Institute’s Iain Murray. Though the economy added 211,000 jobs in April…
The Fiscal Times
How Congress Could Make Steve Bannon’s Wildest Dream Come True
The Fiscal Times discuses regulatory reform barriers that the administration faces with Wayne Crews. But as Wayne Crews of the right-wing Competitive Enterprise…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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