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
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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The Washington Times
‘Free to Prosper’: Competitive Enterprise Institute Offers Congress A Pro-Growth Agenda
The Washington Times cited CEI’s latest report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress: The Competitive Enterprise Institute has released a handy…
Blog
A Free-Market Agenda for the 116th Congress
After a contentious election season, we look forward to the nation’s elected representatives rolling up their sleeves and getting to work. Divided party control in…
News Release
CEI Offers Plan for Congress to Reform Regulations, Help America Prosper
Today the Competitive Enterprise Institute (CEI) offered a set of ambitious, achievable regulatory reform goals for the 116th Congress.
Blog
This Week in Ridiculous Regulations
Right now is a weird time for regulation. The shutdown has lasted for several business days, and the Federal Register has slowed to a trickle.
The Washington Free Beacon
Trump’s Deregulatory Agenda Still Rolling, but Pace Slows Slightly
The Washington Free Beacon cited CEI’s report by Vice President for Policy Clyde Wayne Crews on President Trump’s deregulatory efforts. While the number of…
The Washington Examiner
Trump Issues Fewest Regulations Ever, ‘Unconstitutionality Index’ Reaches Record Low
The Washington Examiner cited Vice President for Policy Clyde Wayne Crews on President Trump and regulatory reform. “At year-end 2018, how is President…
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