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 week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Search Posts
Newsletter
The Competitive Enterprise Institute Daily Update
1. ECONOMY California’s new plan to restrict greenhouse gas emissions could prove costly. CEI Expert Available to Comment: Director of Energy…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Governor Arnold Schwarzenegger signs a bill to put mandatory caps on greenhouse gas…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. TECHNOLOGY…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA A recent survey of Hurricane Katrina survivors finds a renewed sense of…
Op-Eds
Turning MySpace into TheirSpace
Like a coffee shop or a mall, the Internet has evolved into a digital “third place,” a location we visit not only for…
News Release
New ‘Center for Entrepreneurship’ to Examine Financial Regulation
Contact: Christine Hall, 202.331.2258 Washington, D.C., August 24, 2006— The Competitive Enterprise Institute is proud to announce the launch of a new…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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