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
Obama Summit: President’s goals of more loans and more heavy-handed regulation in conflict
Statement of John Berlau, director, Center for Investors and Entrepreneurs, Competitive Enterprise Institute: President Obama’s twin goals of more bank loans and more heavy-handed regulation…
Newsletter
Climategate in Copenhagen, Antitrust for Health Care and Swine Flu Takes a Dive
The “Climategate” science scandal looms over global warming negotiations in Copenhagen, Denmark. Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI) lobby to end the long-standing…
Blog
Regulation of the Day 83: Citations
The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations.
NCPA
Michigan’s Auto Insurers Make Only a Small Profit
Blog
Financial Fiasco
I recently finished reading Swedish economist Johan Norberg's book about the financial crisis, aptly titled Financial Fiasco. It's both short and informative. Six chapters and…
Blog
Regulation of the Day 82: Veterinarians
Did you know that the federal government is in the veterinary accreditation business? It’s true.
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