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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The Competitive Enterprise Institute Daily Update
1. PRIVACY United Parcel Service loses computer tapes containing financial records for 3.9 million Citigroup Inc. customers. From CEI: Vice President…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
Op-Eds
Greens Are the Real Energy Problem, by Steven J. Milloy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> It goes without saying that the global economy depends on the availability of…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ANTITRUST Microsoft submits its final proposal for complying with the latest order by the…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The Senate Select Committee on Intelligence begins debate over whether to renew…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ECONOMIC LIBERTY The union campaign against Wal-Mart expands in the Washington,…
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