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: Welfare costs and benefits with Scott Winship
In this week’s episode we cover the Los Angeles wildfires, reforms to high-skilled immigration, new leadership at the Department of Energy,…
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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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Are Republicans and Democrats Really That Different?
Contact: Richard Morrison, 202.331.2273…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Delegates to a United Nations global warming conference defend the U.S. record…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL The Supreme Court agrees to examine whether public employee unions must obtain permission from members…
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Is Fairness Doctrine on Its Way Back?
This election season, much of the GOP’s difficulties stem from the disaffection of conservative talk radio. For the past two years, while supporting…
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And Now a Word From Our Critics
FridayBalance is an important conceit of American journalism. In the late nineteenth and early twentieth centuries, previously partisan newspapers edged toward respectability and…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A government report out of the UK predicts dire economic consequences from global…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment