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 week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
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Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns or…
News Release
CEI Offers Reform Ideas to Congress Aimed at Fostering Resilience and Promoting Economic Renewal
Today the Competitive Enterprise Institute (CEI) offered a set of policy reform goals for the 117th Congress focused on economic stimulus and regulatory…
Products
Free to Prosper: Banking and Finance
View the full chapter on banking and finance here Access to capital, credit, and financial services are fundamental to the operation of a free…
Products
Free to Prosper: Labor and Employment
View the full chapter on labor and employment here Increases in productivity, not artificial increases in labor prices, are the key to economic growth…
Products
Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
Products
Free to Prosper: Technology and Telecommunications
View the full chapter on technology and telecommunications here Few economic sectors rival the technology and telecommunications industries in how rapidly—and momentously—they have evolved.
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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