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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Study
Recognize the Deadly Effects of Over-Regulating Medicines and Medical Devices
Full Document Available in PDF Over the past…
Study
Reject the Precautionary Principle, a Threat to Technological Progress
Full Document Available in PDF Increasingly, governments and environmental activists…
Blog
Obamacare Makes State Budget Problems Worse
Obamacare is making state budget problems much worse, as governors now lament. Earlier, CEI filed an amicus brief in Florida v. HHS on…
Study
Recognize the Elitist Nature of “Anti- Sprawl” Measures
Full Document Available in PDF For the greater part of the last…
Blog
CEI Podcast — December 21, 2010: What’s Next for Immigration Reform?
CEI Policy Analyst Alex Nowrasteh goes over the good and the bad of the DREAM Act, which recently stalled in the Senate, and offers his…
Blog
Morning Media Summary
Tech: FCC to Vote on Internet Regulation Plan Despite Economic Warnings: “Lawmakers are on high alert as the Federal Communications Commission prepares…
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