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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CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
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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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Animal Rights, Human Wrongs
Animal rights extremists—whom the FBI has labeled America’s biggest domestic terrorism threat—have encountered a number of serious reverses recently. These reverses are a great victory…
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CEI Planet: March – April 2006
Full Document Available in PDF New Era, or ‘Ancien Régime,’…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL State attorneys general ask the Supreme Court to step into a dispute over the states’ 1998…
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Corporate McSocial Responsibility
Fast-food gadfly Eric Schlosser has a new book out. Chew On This: Everything You Don’t Want to Know About Fast Food is Fast…
Letters
70% of Americans Say They Don’t Want the Government to Prepare Taxes for Them
Full Document Available in PDF Reps. Melissa Hart and Anna Eshoo have introduced H.R. 5114, the Tax Return Choice Act of 2006,…
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The Competitive Enterprise Institute Daily Update
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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