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.
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Blog
Flawed guidance for monetizing nature should be withdrawn
The Office of Information and Regulatory Affairs (OIRA) has proposed new guidance aimed at improving how federal agencies account for environment-related costs and…

Frederick News Post
A new proposal for constitutional restoration
Now that Congress has gotten past debt-ceiling drama, next up is wrangling the nation’s budget for the coming year. A budget is about policy and…

Forbes
Once-Promising Guidance Document Disclosures Are Stagnating Under Biden: Inventory and Observations
Laws passed by Congress are archived by subject matter in the U.S. Code. The rules and regulations that incubate in the daily Federal…
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News Release
CEI’s President Makes the Case to Tame Regulatory Beast
Contact for interviews: Richard Morrison, 202-331-2273 Washington, D.C., July 22, 2003—Today the House Committee on Government Reform will hear testimony from Competitive Enterprise Institute President…
Op-Eds
‘Spammers’ Ignoring Anti-Spam Legislation
Dear Editor: If you look closely at the spam filling your inbox, you might notice one or two…
Study
Cowboys Versus Cattle Thieves
Full Document Available in PDF Fred L. Smith, “Cowboys Versus Cattle Thieves,” in…
News Release
Merrill Lynch Rulings Show Serious Flaws in Wall Street Research Settlement
Contact for Interviews:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C.,…
News Release
Broadcast of “Corporate Aftershock” Book Forum
Watch a webcast of the forum on the new book, Corporate Aftershock: The Public Policy Lessons from the Collapse of Enron and Other Major…
Op-Eds
Manager’s Journal: What Media Monopolies?
AN ODD-BALL COLLECTION of special interests are patting themselves on the back this week after convincing the House of Representatives to scale back…
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