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
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Politico
Out and About
Politico covers CEI’s Annual Dinner and Reception. The Competitive Enterprise Institute last night hosted their annual dinner, this time an Alice in Wonderland…
The Washington Times
Believe It: Fox News Tops the Ratings
The Washington Times covers CEI’s Annual Dinner and Reception. … CURIOUSER AND CURIOUSER An event of note on Wednesday…
The Denver Post
Colorado’s Costly “Demand-Side Management” Bill Makes No Sense
At the end of the legislative session, the Colorado General Assembly had an opportunity to stop a nonsensical electricity program that will cost Xcel Energy…
USA Today
MILLS: Massive Regulation a Drain on Economy, Study Finds
USA Today covers Ten Thousand Commandments. Regulations are a burden on consumers, businesses, and the economy, according to a new study by the…
The Hill
Trump May Restrict Length of Environmental Reviews Under Infrastructure Plan
The Hill covers Trasportation Secretary Elaine Chao’s remarks at CEI’s Annual Dinner and Reception. The Trump administration may enforce restrictions on the length…
Blog
This Week in Ridiculous Regulations
The majority of new regulations coming out are still of the routine procedural variety—Coast Guard safety zones for fireworks shows, Federal Aviation Administration airworthiness directives…
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