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: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
Blog
The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
Search Posts
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 the…
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 promised to…
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 than…
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…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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