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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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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The Singapore Business Times
Regulating Facebook Protects Facebook
The Singapore Business Times cites a CEI report on the economy under the Obama Administration. More recently, a report by the Competitive Enterprise…
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‘Gundy’ Decision Could Signal Fundamental Reform of Administrative State
It is hard to describe how important the Supreme Court decision last week in Gundy v. United States is. In one sense, nothing changed—no case…
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Costs of Deadweight Effects of Federal Spending and of ‘Budget’ or ‘Transfer’ Rules
Theoretically, policymakers distinguish between economic and social regulation when examining and reporting on costs, effects, and employment.
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Guidance Documents of the Week
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
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This Week in Ridiculous Regulations
Wednesday, the day before the Competitive Enterprise Institute’s 35th anniversary gala dinner, saw no new final regulations published in the Federal Register. This may be…
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Australia Needs an Administrative Procedure Act
In the United States, there is an intellectual movement going on the likes of which have not been seen in nearly a century. The administrative…
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
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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