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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AM 790 WNIS AM790 NewsTalk WNIS cites CEI on economy and regulation. Competitive Enterprise Institute is a free-market think tank that seeks to reform the administrative…
Foreign Affairs
MIL-OSI USA: Brindisi calls on FCC to reverse course and protect customers from costly Spectrum data caps
MIL-OSI USA: Brindisi calls on FCC to reverse course and protect customers from costly Spectrum data caps Congressman Anthony Brindisi (NY-22) from United States…
Blog
This Week in Ridiculous Regulations
COVID-19 deaths passed 200,000 in the United States, and are roughly 1 million worldwide. Supreme Court Justice Ruth Bader Ginsburg’s passing sparked a fresh Supreme…
The Hill
Ending Counterproductive, Counterintuitive Regulation
Early in the COVID-19 crisis, House Speaker Nancy Pelosi (D-Calif.) chided the Trump administration’s response and demanded “testing, testing, testing.” Yet, when…
USA Today
Trump, Biden Tout Contrasting Economic Plans. Which Will Restore Jobs Lost in the Pandemic Faster?
USA Today cites CEI on regulatory reform: The president says he’ll continue to aggressively cut regulations. He initially promised to scrap two rules…
Blog
This Week in Ridiculous Regulations
The last week saw another political convention, another police shooting, and two hurricanes. There was at least one major positive story, though. Polio has finally…
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