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
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…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
Search Posts
Wall Street Journal
Despotism and Donald Trump
The Wall Street Journal highlights CEI's policy proposals for addressing federal overreach. Guess it depends on what you mean by “authoritarian.”…
Foundation for Economic Education
San Francisco Turns against Its Own Startup Airbnb
San Francisco is the birthplace of Airbnb. Even so, politicians in this city have created some of the most restrictive home-sharing regulations in the…
Blog
A Pro-Growth Agenda for the 115th Congress
At CEI, we believe a clear agenda is necessary to move America toward economic growth, prosperity, and liberty for individuals to chart their own paths…
CNBC
Get ready for Republican rush of regulation rollback
CNBC discusses the Obama era regulations that the Trump administration could get rid of with Wayne Crews. But now, thanks to the Trump's…
News Release
CEI Proposes Agenda for Congress to Restore the Fundamentals of a Free Economy
Today the Competitive Enterprise Institute (CEI) released its policy goals for the 115th Congress, highlighting specific steps lawmakers can take to reform the unbounded…
Watchdog.org
Midnight in the garden of good intentions: Small biz fears end-of-administration regulations
Watchdog.org reports on CEI's work to track federal regulations and speaks with Marlo Lewis on the regulatory burden. The Competitive Enterprise Institute, which…
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