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…

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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.

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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 Dispatch
Issues in the News 1. TECHNOLOGY Microsoft and the EU Competition Commission have apparently reached an agreement over the Commission’s 2004…
Newsletter
The Competitive Enterprise Institute Daily Update
1. PRIVACY United Parcel Service loses computer tapes containing financial records for 3.9 million Citigroup Inc. customers. From CEI: Vice President…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
Op-Eds
Greens Are the Real Energy Problem, by Steven J. Milloy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> It goes without saying that the global economy depends on the availability of…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ANTITRUST Microsoft submits its final proposal for complying with the latest order by the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The Senate Select Committee on Intelligence begins debate over whether to renew…
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