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: Cable TV and paper straws
Ozzy Osbourne, Hulk Hogan, and Chuck Mangione passed away. President Trump issued an Executive Order on artificial intelligence and announced a tariff deal with Japan.

Blog
Free the Economy podcast: Costs and benefits of urban transit with John Charles
In this week’s episode we cover Dodd-Frank’s 15th anniversary, a victory for homeowners in Oregon, and an alternative to socialist grocery…

Blog
The number of agency-made rules for every bill passed by Congress last year was…
When you think about the production of laws in the United States, you probably picture something like the Schoolhouse Rock video “How a Bill Becomes…
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Op-Eds
OMB OTL? What good is a sleeping watchdog?
What would you do if federal lawmakers proposed increasing annual taxes by $8,000 per household? You, and many other taxpayers, would likely retaliate in…
Products
April/May edition of CEI’s Monthly Planet
Full Document Available in PDF Article in this edition:…
Op-Eds
Avoid More Mandates
As more and more Americans become investors, paternalistic regulators are demanding greater disclosure by mutual funds to protect consumers from excessive brokerage commissions…
Citation
Help Wanted
News Release
CEI President Urges DOT to Reduce Regulation of Online Travel Services
Today the Department of Transportation (DOT) is holding a public hearing regarding the latest review of its restrictions on computer reservations systems (CRSs).
News Release
Opportunity for Revolution at EPA
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 <?xml:namespace prefix…
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