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
Regulation of the Day 29: Protecting Us from Cheap Foreign Goods
Sometimes (but not always), when a foreign producer sells goods to U.S. consumers cheaply, the U.S. government takes action to put a stop to it.
News Release
CEI Proposes Legalizing Horse Meat Sale
A Senior Fellow at the Competitive Enterprise Institute, a think tank with offices in Washington, D.C. and Tallahassee, proposes a simple solution to the spate…
Blog
Inconvenient Evidence Suppressed in EU-Intel Antitrust Case
The EU’s top antitrust regulator intentionally suppressed “potentially exculpatory" evidence in its case against Intel. This is the rule of men, not law.
Blog
We’re All Children Now
I propose the following rule: “Think of the children” rhetoric shall be reserved for those situations in which the author is not, in…
Products
CEI Planet: May – June 2009
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles…
Newsletter
Unseen Stimulus, E-waste Abroad and Pelosi’s Private Jet
CNN.com profiles Americans receiving benefits from the economic stimulus package. International agencies weigh in on the issue of “e-waste” – trash generated…
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