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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Op-Eds
Credit Card Regulation: Big Government vs. Small Business
Blog
Unemployment Jumps to 9.6%, 54,000 More Jobs Lost
Unemployment went back up to 9.6%, as the nation shed 54,000 jobs in August. Yet Obama calls this “Recovery Summer.” This is…
Blog
Record Federal Spending Increase Due to Wasteful Spending Like the Failed Stimulus Package
Federal domestic spending increased by a record 16 percent this year, thanks to wasteful spending by the Obama administration, such as its “huge economic…
Blog
Antibiotics and Meat DO Mix
Whether you’re talking about human or animal use, banning beneficial uses today can have negative impacts on human and animal health just as surely as…
Blog
Video Exposes Labor Union Protesters – No “Living Wage,” No Health Insurance, No Union Membership
Video: Unions hire non-union protesters? Should labor unions pay their protesters the wages and benefits that the unions demand of other employers? CEI labor…
Forbes
Hurricane Katrina, Houston And The Humanitarian Case Against Zoning
On a Monday morning in late August 2005 Hurricane Katrina made landfall along the…
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