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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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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MSA Opposition Brief
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CEOs Should Mind Their Own Business
President Coolidge once said the business of America is business. He might have added that the business of business is to pursue profits,…
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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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment