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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
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News Release
Benefits of Moderate Alcohol Consumption to Get Their Day in Court
Washington, DC, June 11, 2001— The Competitive Enterprise Institute and Consumer Alert will present their case for freedom of speech in alcohol labels…
News Release
Statement from CEI President Fred Smith Regarding New CBO Report on Fannie Mae and Freddie Mac
Washington, DC, May 23, 2001 – The latest figures from the Congressional Budget Office indicating that Fannie Mae and Freddie Mac receive more than $10…
News Release
Washington’s 10,000 Commandments Place Heavy Burden on American Families
Washington, DC, May 21, 2001 — The Competitive Enterprise Institute today released the study 10,000 Commandments: An Annual Policy Maker’s Snapshot of the…
News Release
Public Interest Group Criticizes Attack on OMB Nominee
Washington, D.C., March 13, 2001—The Competitive Enterprise Institute is accusing critics of the Administration’s new Office of Management and Budget nominee, John D.
Op-Eds
Tax Cut Fast Track
Virtually everyone agrees that George W. Bush confronts a rapidly weakening economy as he assumes the presi- dency. Cutting marginal tax rates was at the top…
Op-Eds
Tax Reform Can be Everyone’s Agenda
While the marathon presidential election in Florida grinds to a conclusion, in Washington, D.C., members of Congress returned in lame-duck session to finish up this…
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