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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
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Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Time to Put Auntie Beeb Out to Grass
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CEI’s President Makes the Case to Tame Regulatory Beast
Contact for interviews: Richard Morrison, 202-331-2273 Washington, D.C., July 22, 2003—Today the House Committee on Government Reform will hear testimony from Competitive Enterprise Institute President…
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‘Spammers’ Ignoring Anti-Spam Legislation
Dear Editor: If you look closely at the spam filling your inbox, you might notice one or two…
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Cowboys Versus Cattle Thieves
Full Document Available in PDF Fred L. Smith, “Cowboys Versus Cattle Thieves,” in…
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Merrill Lynch Rulings Show Serious Flaws in Wall Street Research Settlement
Contact for Interviews:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C.,…
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Broadcast of “Corporate Aftershock” Book Forum
Watch a webcast of the forum on the new book, Corporate Aftershock: The Public Policy Lessons from the Collapse of Enron and Other Major…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment