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.
Featured Posts
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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News Release
CEI Asks Court to Invalidate the FCC’s Costly Conditions on 2016 Charter Cable Merger
The Competitive Enterprise Institute (CEI) and four cable customers yesterday filed the opening brief in their challenge to the wide-ranging conditions imposed by the FCC…
Forbes
If the Government Shutdown Falls Short of Armageddon, We Should Rethink the Other 75 Percent Too
If the longest-ever partial (25%) federal government shutdown persists, might Americans catch on that not everything the federal government does and regulates should remain national…
Blog
This Week in Ridiculous Regulations
On Saturday the partial government shutdown became the longest ever. The news cycle was wall-to-wall wall and shutdown coverage, though Rep. Sean Duffy (R-WI) introduced…
The American Spectator
Is DOJ Undermining Trump’s Commitment to Drain the Swamp?
The American Spectator cited Senior Fellow Michelle Minton on online betting and the Department of Justice: Michelle Minton of the Competitive Enterprise Institute,…
JDSupra
A Year-End Regulatory Report Card
JDSupra cited CEI’s Agenda for the 116th Congress. With the close of 2018, the Competitive Enterprise Institute released a report asking “how is…
Reason
The DOJ Shouldn’t Reignite the Fight Against Intrastate Gambling
Reason cited research by Senior Fellow Michelle Minton on state gambling regulations and the Department of Justice. Research into a history of the Wire…
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
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment