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
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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
Blog
Glitches and Errors Widespread on Obamacare Health Insurance Website
In addition to the Obamacare web site glitches that left people unable to purchase insurance despite hours or days of trying, the website dramatically…
Blog
Alcohol Crimes Decline in Washington After Liquor Sales Privatization
In the lead up to Washington State voters approving privatization of liquor sales in the state, opponents claimed—as they always do—that the increased availability and…
Blog
The Implications of Kludgeocracy
Steven Teles tells us in the fall issue of National Affairs that over the next decades, the challenge of "kludgeocracy" will come to the forefront of…
Blog
More Bipartisan Opposition to Obama Administration’s Move to Block Airline Merger (Including Rahm Emanuel)
Another day, another round of public bipartisan opposition to the Obama Department of Justice’s lawsuit to block the pending American Airlines and US Airways merger.
Blog
FTC Likely to Approve Office Depot, Office Max Merger
According to news sources, the Federal Trade Commission is likely to approve the merger of Office Depot and OfficeMax, the second- and third-largest office…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Shutdown edition: 3 new regulations. Two Coast Guard safety zones and a catch limit for herring.
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