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: 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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
Reason
Trump Turns One
Reason covers President Trump’s first year in office. The 45th president does not tend to elicit measured evaluations. Since even before his formal entry…
The Washington Times
White House Urged to Kill Obama-era Payday Lending Rule
The Washington Times covers CEI’s letter sent to the Office of Information and Regulatory Affairs (OIRA) regarding the payday-lending rule. A free-market group is urging…
The National Law Review
Overturning the CFPB’s Final Payday Loan Rule by Reopening Rulemaking or CRA Resolution
The National Law Review discusses the various vehicles that could be used to repeal the CFPB’s small-dollar loan rule. On December 1, 2018, three…
Forbes
Net Neutrality and Senate Democrats’ Renewed Love for the Congressional Review Act
The Congressional Review Act (CRA) is the law by which the Republican Congress and the Trump Administration eliminated 14 of…
Blog
Antitrust Resurgence Could Transform Tech Innovators into Lumbering Public Utilities
Regulation in the technology sector is worse than government merely picking winners and losers.
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…
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