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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Forbes
In Today’s World, Trump’s Balanced Budget Will Require Regulatory Reform
It seems every American president’s fiscal budget gets declared DOA. Presidents signal priorities to Congress, which subsequently goes and does at it chooses. Sen. Mitch…
Study
Dirty Dozen
View Full Document as PDF…
News Release
Changes to the Regulatory State Make Trump’s Budget Unique
The White House released President Trump’s 2018 budget proposal this week. Regardless of who’s in power, the U.S. budget for the next fiscal year will…
News Release
CEI Reviews Trump Budget on Regulation, EPA, Transportation and Infrastructure
Policy experts offered their first takes on President Trump's budget, with a focus on regulatory reform, the EPA, and transportation and infrastructure reforms.
The Daily Caller
Former Official: Trump Is ‘Going To Go Farther’ Than Reagan In Cutting EPA
The Daily Caller covers CEI’s petition with the EPA to review the endangerment finding. A former Environmental Protection Agency (EPA) official believes the…
The Daily Caller
Obama Administration’s Internet Regs Suffer First Huge Blow
The Daily Caller discusses the Federal Communications Commission’s vote on Net Neutrality with Ryan Commissioners at the Federal Communications Commission (FCC) voted 2-1…
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