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: Clear-but-false ideas with Kevin Williamson
In this week’s episode we cover the Trump tariffs being struck down, Biden’s competition order being vacated, and new research on…

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There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…

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The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The House and Senate Judiciary Committees debate whether or not to reauthorize…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT The G8 nations propose a new aid package for Africa. CEI Expert Available…
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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…
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