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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Blog
This Week in Ridiculous Regulations
In the news last week, the Justice Department filed an antitrust case against Google. It is the highest-profile antitrust case since the 1998-2002 Microsoft case.
Foreign Affairs
MIL-OSI USA: Attorney General Becerra Condemns Trump Administration Rule Undermining Cost-Saving Efficiency Standards for Residential Dishwashers
Foreign Affairs cite Competitive Enterprise Institute on dishwashers and regulatory policy. California Attorney General Xavier Becerra today issued the following statement in response to the…
The Daily Signal
Cleaner Faster? Trump to Let Dishwashers Use More Water
The Daily Signal cites Competitive Enterprise Institute on dishwashers and regulatory policy. Dishwashers on average take about two and a half hours to wash a load…
Blog
This Week in Ridiculous Regulations
It was a four-day week due to Columbus Day or Indigenous People’s Day—the controversy over which was just one of the things people were outraged…
Wall Street Journal
Democrats Assured ACA Would Come Before ACB
California and the House asked the Supreme Court to fast-track’s Texas’ challenge to the law. Democrats now claim they oppose Judge Amy Coney Barrett’s confirmation…
Blog
Forty Years of Freedom: Rail Deregulation Worked
Forty years ago today, President Carter signed the Staggers Act, which deregulated the American freight rail industry. As CEI has long maintained, this…
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