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…
Search Posts
News Release
Environmental Regulation, Laws Grow Unchecked
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine Hall, 202.331.2258…
Study
The Green Regulatory State
Full Document Available in PDF Over the years, the environmental lobby has advanced a considerable…
News Release
Flood Insurance Stymied by Federal Government
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine…
Op-Eds
CEOs, Like Athletes, Compensated For Their Successful Performances
I am by no means a sports fanatic, but there are times I wish that typical business stories would be more like sports…
Newsletter
CEI Daily Update
Issues in the News 1. FINANCE Federal Reserve chairman Ben Bernanke testifies before Congress on the alleged abuse of “subprime” loans. …
News Release
New Study Charts the Growth of Environmental Law
Washington, D.C., July 17, 2007—According to a new study from the Competitive Enterprise Institute, the conventional idea that progressive environmental causes suffer under conservative…
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