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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

Blog
The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

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…
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Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRADE President Bush plans to ask Congress to grant him renewed “fast track” authority to…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT International security analysts predict that climate change could exacerbate violent conflicts around the world.
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…
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