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
June 22: Cost of Government Day
“Every year on April 15, million of taxpayers across the country file their 1040 forms, and are outraged at how much they have to send…
News Release
Institute Applauds Supreme Court Decision UpHolding First Amendmen Rights of Advertisers
Washington, DC, June 15, 1999 – The Competitive Enterprise Institute (CEI) applauds yesterday’s Supreme Court decision in Greater New Orleans Broadcasting Association v. United…
Op-Eds
Constitutional Integrity (Letter to the Editor)
A May 24 editorial, “A retreat on clean air,” suggests that holding Congress to the Constitution will make solid environmental protection a “hazy, distant prospect,”…
Op-Eds
Who Makes Our Laws? (Letter to the Editor)
Surely Cass R. Sunstein is right that “greater respect for democratic government” is urgent (“The Courts’ Perilous Right Turn,” Op-Ed, June 2). But in his…
Op-Eds
Suburban Development Made Scapegoat for Urban Woes (Letter to the Editor)
The national debate about suburban development spawns many misunderstandings about the real issues. The recent USA TODAY editorial and response by Vice President Al Gore…
Op-Eds
Clearing the Air on Regulatory Excess
The Clinton EPAs biggest regulatory victory was turned into its biggest legal defeat last Friday, as the U.S. Court of Appeals for the District of…
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