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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
Blog
This Week in Ridiculous Regulations
In the news last week, the North American Free Trade Agreement (NAFTA) got a new name (USMCA) that nobody will use, and President Trump…
Government Executive
Trump Deregulatory Effort May Just Be Getting Started
Government Executive cited CEI’s Vice President for Policy Clyde Wayne Crews on Trump administration deregulation. The topic is of great interest to the conservative…
Credit Union National Association
CUNA’s Nussle, Schenk Talk CU Regulatory Climate At CEI
Credit Union National Association cited CEI from CUNA event. CUNA President/CEO Jim Nussle and Deputy Chief Advocacy Officer for Policy Analysis Mike Schenk…
The Lane Report
Perspective | New Cars, Cleaner Air
The Lane Report cited CEI on CAFE standards. The Department of Transportation finds that the best way to achieve cleaner air is when…
News Release
CEI Report Calls for Executive Order to Shine Light on Guidance Documents and Other “Regulatory Dark Matter”
The Competitive Enterprise Institute (CEI) released a new report today, calling on the White House to issue a new executive order to highlight and strengthen…
Study
A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
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