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 logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…

Blog
The week in regulations: Farmer training and approving fireworks
Tuesday’s Federal Register contained 105 proposed regulations and 86 final regulations. Much of it was regulatory cleanup for railroads, pipelines, and mining. The reconciliation bill…

Blog
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…
Search Posts
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Connecticut Attorney General Richard Blumenthal investigates denial-of-coverage complaints against major insurance companies.
News Release
“Terrible Ten” State Attorneys General Profiled in New Study
Contact: Christine Hall, 202.331.2258 Washington, D.C., January 24, 2007—A new CEI study of abuse of power by state attorneys general singles out…
News Release
How Will Congress Respond to the State of the Union?
Contact: Richard Morrison, 202.331.2273…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The Senate takes up legislation raising the minimum wage.
Op-Eds
Oh Boy, Alberto
If you were watching the Senate Judiciary Committee hearings Thursday, chances are you didn't see it coming. Senator Arlen Specter was questioning Attorney…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News TECHNOLOGY Microsoft announces it will release its newest operating system, Windows Vista, on January 30th. CEI Expert…
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