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
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…
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…
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…
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