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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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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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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Boeing vs. Airbus
Full Document Available in PDF The United States and the European Union (EU) may be on…
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The Competitive Enterprise Institute Daily Update
1. REGULATION Washington Post columnist Cindy Skrzycki cites CEI’s most recent regulatory study, Ten Thousand Commandments. CEI Expert Available to Comment:…
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One-on-One with Barun Mitra
Full interview available in pdf format<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” E: You were recent awarded the Julian L. Simon Award by…
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The Regulators
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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…
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
- Antitrust
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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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