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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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.
News Release
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…
News Release
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…
Newsletter
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
Full Document Available in PDF…
Op-Eds
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
- 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