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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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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CEI Files Amicus Brief In Support Of EPIC’s Petition To Force A TSA Rulemaking On Strip-Search Machines
Today, the Competitive Enterprise Institute (CEI) filed a brief of amici curiae in support of the Electronic Privacy Information Center's (EPIC) petition for writ…
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On Dodd-Frank’s Unhappy Anniversary, Main Street Suffers Most
The LIBOR rate-fixing controversy and JP Morgan's failed trades are all spun as reasons why we need Dodd-Frank, the so-called "financial reform" law that was…
Legal Brief
Brief of Amici Curiae Supporting EPIC’s Petition for Writ of Mandamus (EPIC v. DHS)
In the last half decade, as millions of Americans have undergone AIT screening by the TSA, none have been afforded an opportunity to comment on…
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Robert De Niro Admits Progressivism Kills Economies
Question: What do you get when a left-leaning state enlists a progressive celebrity to brag about how un-leftist the state is? Answer: The hilarious…
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Flame Retardant Risks Overblown
Senator Frank Lautenberg (D-N.J.) and 25 members of Congress recently sent a letter to EPA Administrator Lisa Jackson urging quick action on regulations…
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Do Shampoo “Technicians” Really Need To Be Licensed?
I never knew how unqualified I was to bathe myself. The states of New Hampshire, Tennessee, Alabama, Louisiana, and Texas all have laws requiring professional…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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