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: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
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Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
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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…
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What’s the Doughboy Afraid Of?
WednesdayVermont is cold. That message will be repeated several times Wednesday night but it's bleeding obvious from the minute I step out of…
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Business Bankrolling of the Left
Big business primarily supports right-wing advocacy groups, right? Think again. A recent report from the Capital Research Center shows Fortune 100 corporate foundations…
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