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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Newsletter
Microhoo under the Microscope, Mob Mentality and Horse Killings in Florida
Microsoft and Yahoo brace for scrutiny from antitrust officials. Democrats claim that opponents of health care legislation are part of an “angry mob”. Florida authorities…
Blog
They Can’t Even Keep Drugs Out of Prison?
Armed guards. All the bad guys behind bars. Under constant supervision. And Mexico still can’t keep drugs and drug dealing out of its prisons.
CEI Planet
TARP Transparency: A Good Start, but Not Enough
Herbert Allison is President Obama’s newly-confirmed head of the Treasury Department’s Office of Financial Stability. On Thursday, June 25, he promised to “emphasize transparency so…
Blog
All Community Organizing Is Astroturfing – And That’s Fine!
The fact that members of Congress extolling the president’s plan are attacking astroturfers while leaving their arguments alone says to me that the Congressmen believe…
Blog
“Millions of jobs are at stake on both sides of the border”
So says British Columbia Premier Gordon Campbell. At a meeting of Canada’s provincial premiers held in Regina, Saskatchewan, last week, slapping retaliatory tariffs on…
Newsletter
EU Antitrust Rebuke, Record Deficit Numbers and the Costs of Global Warming Policy
European competition regulators get chastised for hiding evidence in a case against Intel. The Congressional Budget Office reports that the federal…
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