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
The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
Blog
Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
57 new regulations, from shoeing horses to Florida avocados.
Blog
Obama Announces NSA Reforms Could Undermine U.S. Leadership in the Global Information Economy
President Obama outlined plans to “reform” the National Security Agency’s mass surveillance programs in a Friday morning speech at the Justice Department. To his…
Blog
“Wall Street” Regs Devastate Main Street Banks and Credit Unions
Again and again, when regulators implement a new Dodd-Frank regulation aimed at "Wall Street," it is Main Street banks and credit unions that are forced…
Blog
CEI Podcast for January 16, 2014: FCC Loses Net Neutrality Court Case
Associate Director of Technology Studies Ryan Radia argues that while the case looks like a victory on the surface, it still gives the FCC plenty…
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