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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Morning Media Summary
Tech: Meet the Android Malware That Sucks Your Bandwidth: “Mobile malware is still a fringe development, but it’s not inconceivable that you’d run…
Daily Caller
Bad Publicity, Good Results
Turns out there is such a thing as bad publicity. School districts across Wisconsin have closed because of the number of teachers calling in…
Blog
CEI Podcast for February 17, 2011: Let the Best Bulb Win
Brian McGraw, a Policy Analyst for CEI's Center for Energy & Environment, talks about the coming incandescent light bulb ban, who it benefits (bulb manufacturers),…
Comment
CEI Submits Comments on Commercial Motor Vehicle Operator Hours of Service
Full Document Available in PDF On behalf of the Competitive Enterprise Institute…
Blog
Morning Media Summary
Tech: ‘Watson’ the computer creams human ‘Jeopardy!’ champs: “An IBM computer creamed two human champions on the television game show “Jeopardy!” today in…
News Release
Dodd-Frank Debit Price Controls Condemned by Michigan Legislature, Coalition Letter
Washington, D.C., February 17, 2011 – Today, the House Financial Services Committee is holding a hearing on Dodd-Frank’s Durbin Amendment, which puts below-cost price…
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