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.
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Blog
The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
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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…
Blog
Regulatory Relief Needs Better Transparency
Getting rid of #NeverNeeded regulations is one of the most important policy responses to the COVID-19 pandemic. The short-term benefits are obvious, but…
USAToday
Trump or Biden: Who would boost growth, restore jobs faster? Here’s an Election Day guide on the economy
USAToday cites Competitive Enterprise Institute on regulations in their article on election day guide. President Trump says he’ll continue to aggressively cut regulations. He initially…
Blog
This Week in Ridiculous Regulations
The Los Angeles Dodgers won baseball’s World Series. GDP numbers bounced back in a big way, though the economy is still smaller…
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…
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