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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Blog
This Week in Ridiculous Regulations
It was another volatile pre-election week. A still-symptomatic President Trump returned to the White House from Walter Reed hospital during prime time. More key staffers…
Blog
This Week in Ridiculous Regulations
President Trump’s COVID-19 diagnosis marked the first of what will likely be many October surprises. Congress agreed on one spending bill to avoid another shutdown,…
Forbes
Federal Paperwork Consumes The Equivalent Of 16,267 Human Lifetimes
As the latest edition of the federal Information Collection Budget of the United States Government(ICB) from the White House Office of Management and…
News Release
CEI Experts Applaud Sens. Lankford, Johnson, and Portman for Independent Regulatory Commission Legislation
On Thursday, Senators James Lankford (R-OK), Ron Johnson (R-WI), and Rob Portman (R-OH) introduced the Pandemic Preparedness, Response, and Recovery Act. The House…
Blog
Senators Introduce Regulatory Commission Bill
CEI’s approach to regulatory reform has an overarching theme: It is not enough to get rid of this or that harmful regulation. For the benefits…
Forbes
Trump’s Executive Order 13,891 Creates Portals For Federal Agency Guidance Documents; And Here They Are
In a leap forward for governmental disclosure and accountability, federal agencies late last year were directed to scrub their guidance documents and post online those…
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