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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OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
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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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Free to Prosper: Food, Drugs, and Consumer Freedom
View the full chapter on food, drugs, and consumer freedom here Few matters are as important to individuals as the foods they eat, how…
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Free to Prosper: Medical Technology and Health Care
View the full chapter on medical technology and health care here American consumers benefit from a bounty of choice, competition, and innovation in health…
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Free to Prosper: Trade
View the full chapter on trade here The new Congress has two urgent tasks on trade policy. First, it needs to help heal the…
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Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
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Free to Prosper: Energy and Environment
View the full chapter on energy and environment here REJECT THE GREEN NEW DEAL AND SIMILAR CENTRAL PLANNING SCHEMES The Green New Deal (GND),…
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With an Eye on Prosperity
The Washington Times cites CEI’s publication, Free to Prosper, and related online event: The Competitive Enterprise Institute will release “Free to Prosper,”…
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