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: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
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Op-Eds
Get Rid of the High Places
In one of the least surprising developments of 2006, a Louisiana politician has been snared in a corruption scandal. Democratic Congressman William Jefferson has…
Op-Eds
Data Mismanagement
Members of Congress, both Republican and Democrat, now say that Sarbanes-Oxley can be unduly burdensome on business. The law that, in…
Op-Eds
The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people seem to agree on…
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The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. BUSINESS…
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Statement on the Enron Verdict and Sarbanes-Oxley
Washington, D.C., May 26, 2006—Members of the Enron jury should be commended for their deliberative process. They carefully weighed the evidence involving complex accounting issues…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY The House of Representatives passes legislation that would open a portion of the…
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
- 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