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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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
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Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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Op-Eds
Ford Tough
Most obituarists portrayed President Gerald Ford as a humble man with few ambitions, a great conciliator, a political moderate, an all around nice…
Op-Eds
Stop Bushing the Envelope
President Bush has several strengths, but negotiating with Congress isn't one of them. He wants to come across as the Goldilocks president. As he said…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News FINANCIAL REGULATION A U.S. District Court hears arguments in the Competitive Enterprise Institute and Free Enterprise Fund’s…
Op-Eds
Bad Politics at a Minimum
It's a cliche of politics that the name of a proposed bill or initiative depends largely on its name. (More on this later.)It's…
Op-Eds
Will Democrats Kill Their Golden Goose?
To the naked eye, a hike in the federal minimum wage looks like a done deal. Speaker-designate Nancy Pelosi will include it in the…
News Release
U.S. District Court to Hear Landmark Sarbanes-Oxley Case
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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 and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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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