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…
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Comment
CEI Comments on Proposed Circular A-4, Regulatory Analysis
Dear Administrator Revesz: I appreciate this opportunity to provide comments on the proposed Circular A-4, “Regulatory Analysis.”1 The focus of my comments is on the…
News Release
House passes sensible regulatory reform bills to shrink power of the administrative state
Earlier today, the House passed 220 to 211 the Separation of Powers Restoration Act (SOPRA) sponsored by Rep. Scott Fitzgerald (R-WI).
Blog
New Biden White House Agenda shows 3,666 rules in regulatory pipeline
The Spring 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions has been released. A fall version of this twice-yearly document will also contain a…
News Release
U.S. House passes legislation to preserve consumer choice in kitchen appliances
The U.S. House of Representatives passed HR 1615 today, a bill that would protect Americans ability to choose the type of stove they want in…
Blog
Congress should block Biden’s harmful environmental regulations with power of the purse
Congress shouldn’t sit back and watch as the Biden administration proposes and finalizes costly and harmful energy and environmental regulation. Instead, it needs to take…
Blog
Do more deregulation in debt limit deal
The internal GOP debate this week is over lower-case “d” default if a June 6 deadline for an increase in the debt limit is…
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