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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Blog
CEI Podcast for August 15, 2013: Justice Department Blocks Airline Merger
Fellow in Land-use and Transportation Studies Marc Scribner thinks the charges are overblown, and has ideas of his own for increasing competition.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
83 new regulations, from sweet cherries to air.
Blog
Not With Banks, Not With Retailers, But With Freedom
In explaining my policy positions, I often find myself pointing out I am neither pro-business nor pro-bank, but pro-market. My Competitive Enterprise Institute colleagues and I…
Blog
CEI Podcast for August 8, 2013: CEI Appeals Dismissal of Dodd-Frank Lawsuit
CEI general counsel Sam Kazman discusses plans to appeal the case.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
82 new regulations, dairy import licenses to information sharing.
Blog
The Misleading Push for the U.N. Convention on the Rights of Persons with Disabilities
Last year, the Senate did not ratify the U.N. Convention on the Rights of Persons with Disabilities, with supporters falling just short of the two-thirds…
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