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
1. TECHNOLOGY In the wake of the US Supreme Court decision that P2P firm Grokster could be held liable for aiding digital piracy,…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT Politicians and economic experts from around the world gather in Scotland this week for…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY The recording industry launches another round of lawsuits against users of peer-to-peer file…
Op-Eds
Kernals of Truth, by Henry Miller
The world is going corn-crazy and maize-mad . . . again. Five years ago, there was near-hysteria over “contamination” of yellow corn and…
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A Toast to the Supremes
Full Document Available in PDF Cheers to the Supreme Court for its…
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Markets, not Mandates, Can Best Protect Copyrights
Full Document Available in PDF With the Supreme Court…
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