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…
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Investor's Business Daily
Federal Agencies Should Stop Using Cost-Benefit Analyses
Every year, the Internal Revenue Service releases data on how much tax revenue it takes in. It never argues that the nation's tax burden is…
News Release
Regulation Nation?
WASHINGTON, D.C., Sept. 19, 2012 – Thursday morning, the House Judiciary Committee will hold a hearing: “Regulation Nation: The Obama Administration’s Regulatory Expansion vs.
Blog
As Union Popularity Fades, A Fight For Power Threatens Michigan
The major focus on issues involving public sector unions right now is the current teachers’ strike in Chicago. Now that the strike is in…
Blog
Striking: Right Or Privilege?
As the Chicago teachers’ strike is entering its second week, Mayor Emanuel has pledged to seek an injunction with the court to force instructors back…
Blog
The Sad, Early History Of Railroad Regulation: From Subsidies To Nationalization
CEI has long made it its mission to highlight to downsides and dangers of economic regulation. One classic example is the experience with America's railroads…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new regulations, from DEA property seizures to place-of-origin requirements for wine.
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