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 deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
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Free the Economy podcast: Truth, lies, and economics with Jeremy Horpendahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
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The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the Federal…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. SUPREME COURT The nation’s highest court hears a constitutional challenge to the Clean Water…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNET Congress investigates the business operations of Google and other U.S. Internet companies in China.
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Will Congress Open the Market for Online Television?
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 15, 2006—The future of video content online could begin today in the Senate…
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Free Enterprise Fund and Competitive Enterprise Institute to Announce Constitutional Legal Challenge to Sarbanes-Oxley
WHAT: Sarbanes-Oxley was rushed into law in 2002 with good intentions following unprecedented corporate scandals. Yet, elements of Sarbanes-Oxley now serve as classic examples…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL & CONSTITUTIONAL Finance company BB&T announces that it will refuse loans to developers attempting to…
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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