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
New Trump Executive Orders Spotlight Interior And Education ‘Regulatory Dark Matter’
Executive orders and proclamations expanding the scope of Washington over the nation’s business characterized much of the Barack Obama presidency. The former president himself–not just…
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Reviewing Trump’s First 100 Days
This Saturday, April 29th, marks President Trump’s 100th day in office, which offers us the opportunity to reflect on what his administration has accomplished so…
News Release
CEI Calls USA Act an “Important Step” to Restoring Separation of Powers
The Competitive Enterprise Institute supports the Unauthorized Spending Accountability (USA) Act of 2017, aimed at reducing and bringing transparency to executive branch spending. Ryan Young,…
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This Week in Ridiculous Regulations
The Federal Register continues its slow march to the 20,000-page mark, but is still on pace for lowest page total since 1993.
Forbes
The Only Way Trump’s Washington Can Be Smaller In Four Years
There are now several moving and overlapping parts to President Donald Trump’s streamlining, swamp-draining, “deconstruction of the administrative state” agenda. Last week brought Office…
Blog
This Week in Ridiculous Regulations
The 2017 Federal Register had another sub-thousand page week, though it is still already more than 18,000 pages long.
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