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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What A Congress
As1998 draws to a close, it’s appropriate to look back at the most significant deregulatory successes that have been achieved during the year. Where should…
Commerce and Industry Association of New Jersey
Wealthier is Healthier
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ATF Documents Reveal Ban on Protected Speech
We have previously reported on CEI’s pending lawsuit with the bureau of Alcohol, Tobacco and Firearms (ATF) challenging the constitutionality of the agency’s ban…
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Rethinking Insurance Regulation–1998
NATURAL DISASTERS AND CATASTROPHIC…
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A Disaster Waiting to Happen: Why Washington Shouldn’t Subsidize Disaster Insurance
This Thursday, April 23, the House Banking and Financial Services Committee will examine H.R. 219, the Homeowners Insurance Availability Act sponsored by Rep. Rick…
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Electric Avenues: Why “Open Access” Can’t Compete
Full Document Available in PDF The regulation of electricity markets…
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