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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News Release
Cost of Federal Regulation Grew to $1.16 Trillion
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Study
Ten Thousand Commandments
CEI's Annual Snapshot of the Federal Regulatory State…
Products
CEI Planet: April – May 2008
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: The New…
Newsletter
The FCC Goes Local, Economic Woes and Gun Rights
Senators express concern over proposed FCC localism regulations. The U.S. economy avoids recession status with modest growth in the first quarter of 2008. A federal…
Op-Eds
Cementing Ecuador’s Poverty by Decree
During my pro-mining mission to Ecuador weeks ago, I visited the Tres Chorreras exploration project and witnessed how a single company can…
News Release
“Future of the Internet” at Stake in Senate
Tomorrow the Senate Commerce Committee assesses “The Future of the Internet.” Among the most controversial issues is proposed federal regulation of broadband network…
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