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
News Release
CEI Commends Introduction of GOOD Act, Requiring More Agency Transparency
This week, Congressman Mark Walker introduced the Guidance Out Of Darkness (GOOD) Act to improve agency transparency and accountability, while reducing the creep of federal…
Fox News Channel
VIDEO: Iain Murray Discusses Shrinking Government Bureaucracy on Fox News Channel
January 15, 2018 – Iain Murray, Vice President for Strategy at the Competitive Enterprise Institute, joined Fox News Channel’s The Next Revolution with Steve Hilton…
Forbes
Who Will Own the Infrastructure in the Smart City?
There is great enthusiasm for the smart city concept. Integration of autonomous vehicles, drones and networked communications are expected to manage congestion, lead to fewer…
InsideSources
How Trump Is Laying Regulations to Waste
InsideSources covers deregulation under the Trump administration. President Donald Trump has taken an aggressive approach in his push to rollback regulations, begging the question…
The Washington Examiner
Trump Budget Chief Shuts Down Consumer ‘Protection’ Bureau ‘Slush Fund’
The Washington Examiner covers the review of the Consumer Financial Protection Bureau’s ‘slush fund.’ An educational “slush fund” used by the Consumer Financial Protection…
Blog
All Agency Guidance Invalid Unless Submitted to Congress
We urgently need a catalog of guidance documents that were actually submitted to Congress and the Government Accountability Office as required. …
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