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 CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…

Blog
The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…

Blog
How ‘Unrules’ are powering down the bureaucracy
The year 2025 may be remembered as the year regulation hit pause. As of the end of July, 1,518 finalized federal rules have been published…
Search Posts
Blog
New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
Blog
Regulation of the Day 129: Droves of Animals on Streets
Washington, DC city law states that “No loose herd or flock shall be driven or conducted in the District, except with a permit issued by…
Blog
Health Care Bill Would Vastly Expand IRS Power; CBO Ordered to Base Cost Estimate on False Assumptions
“House health care bill dangerously expands IRS power,” say a tax law professor and GOP leaders. The Washington Examiner says that “16,500 more…
Blog
CEI Weekly: CEI Opposes National ID on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Alex Nowrasteh on Fox News debating the violations of privacy…
Blog
National ID Plan Insults Americans
President Obama recently gave his thumbs-up to an immigration compromise plan formulated by Chucky “Why Am I So Annoying” Schumer (D-NY) and Lindsey Graham (R-SC)…
Blog
Regulation of the Day 128: Bounty Hunters
You need a license to be a bounty hunter in New Jersey.
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