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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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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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representative approves legislation requiring the government to negotiate lower…
Op-Eds
You Try Living with Ed’s Wife
Ed Begley Jr. had an image problem. Hollywood is lousy with so-called activists, but he's a genuine back-to-the-land environmentalist and something of a…
Letters
We oppose negotiations on Medicare Part D drug prices
We are deeply concerned about proposed legislation that would lead to negotiation of pharmaceutical prices by the federal government for the new Medicare Part…
Study
A Free Market Agenda for the 110th Congress
Washington, D.C., January 10, 2007—Today the Competitive Enterprise Institute releases its policy recommendations for the new leadership on Capitol Hill: This Liberal Congress Went to…
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This Liberal Congress Went to Market: a Bipartisan Policy Agenda for the 110th Congress
DO…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representatives meets today to debate an increase in the…
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