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…
Search Posts
Blog
Loss of Economic Freedom Takes a Toll on Small Businesses
The 2014 edition of the Heritage Foundation/Wall Street Journal Index of Economic Freedom is set for release next week, and for America, the news…
Blog
CEI’s 2014 Unconstitutionality Index: 56 Regulations for Every Law
Every now and then one sees a cute article like this Los Angeles Times piece lamenting that Congress is "ineffective" because…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from school lunches to furnace fans.
Human Events
A top 10 list for Congress in 2014
I am no David Letterman, but I appreciate a good Top Ten list. As we enter 2014, it occurred to me that Congress could do…
USA Today
Extending Benefits Would Do More Harm.
Unemployment insurance extensions in the past five years have kept at least 600,000 people out of the labor force, because people tend to ride a…
Blog
Bogus Rationale for Obamacare Still Being Peddled Even after Study Debunked It
"More bad news for Obamacare and its proponents. A new study from Oregon shows that" expanded Medicaid coverage “increased–rather than decreased–both the number of folks…
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