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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George Will Makes the Case for the REINS Act
In his column today, George Will makes the case for Congress to take responsibility for the enormous costs which regulation imposes on American businesses…
Blog
Washington’s Ten Thousand Commandments
The 2012 edition of “Ten Thousand Commandments” is out now. If you don’t feel like reading all 66 pages (though I recommend you do!),…
Blog
A Liberal War on Women: “New Law Keeps Many Homemakers from Qualifying for Credit Cards”
The Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), a law passed by a liberal Congress and signed by President Obama, “…
The American Spectator
Washington’s Ten Thousand Commandments
Deficits, taxes, and spending are the defining issues of the 2012 campaign. Regulation deserves a seat at the table, too. The federal government spent $3.6…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
58 new rules despite the short work week, covering everything from dishwashers to Maine lobsters.
Blog
Maryland Gov. O’Malley Grants Big Labor Protections from Disclosure
In Maryland, labor unions join the protected ranks of doctors and lawyers with respect to confidentiality privileges. In early May, Maryland Governor Martin O’Malley signed…
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