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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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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
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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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