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: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Search Posts
Op-Eds
The Ratings Game
It's a familiar experience for many moviegoers: You walk out of a theater scratching your head, wondering why a movie was given a…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. SAFETY A recent…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. Retail Politics The New York Times reports on Wal-Mart’s funding of research groups. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The Food and Drug Administration approves the first fully implantable artificial heart.
Op-Eds
Welcome to Washington, Wal-Mart
WASHINGTON – As liberal politicians, vocal unions and editorial pages argue that Wal-Mart underpays and mistreats its employees (The Boston Globe even implied that Wal-Mart…
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…
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