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
Regulatory reform takes all three branches
Over at The Hill, Wayne Crews and I argue that regulatory reform requires all three branches of government. Not only is a healthy separation…

Blog
What the DOGE debates really reveal
Last week I took part in a point/counterpoint on the Elon Musk-led Department of Government Efficiency (DOGE), making a brief case for its mission and…

Blog
The week in regulations: Medical devices and tuna
President Trump proposed a 100 percent tariff on foreign movies, and reopening Alcatraz. The US and UK announced a trade deal. The Vatican named a new…
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News Release
CEI Policy Analyst to Argue for Regulatory Reform
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News Release
SEC Cox Hearings Highlight Sarbanes-Oxley Burdens
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 Christine Hall, 202.331.2258…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY House and Senate conference committee members reach agreement on major energy legislation.
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
All Cost, No Benefit
Tomorrow, the Senate Energy and Natural Resources Committee will hold a hearing on Sen. Jeff Bingaman's (D-N.M.) Climate and Economy Insurance Act. Originally…
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