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 March 6, 2014: The ALERT Act and Regulatory Transparency
Last week was Stop Government Abuse Week in Congress, and the House passed a number of reform bills that would increase government transparency. One of…
Blog
Obama and Camp’s “Carried Interest” Canard Adds Cost and Complexity to Code
Once again, according to a White House summary of his 2015 budget to be unveiled later today, President Obama will call for "closing loopholes"…
Blog
Obama FY 2015 Budget: Aviation Funding Recommendation Not Great, But a Step in the Right Direction
President Obama released his Fy 2015 budget today. Like his past budgets, as I noted in a previous post discussing the highway and…
Blog
JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
Blog
Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
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