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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Washington Examiner
Prepare for the next pandemic with a commission to kill #NeverNeeded regulations
The coronavirus pandemic needs a long-term policy response.
Blog
The #NeverNeeded Regulatory Reduction Commission
In a new Washington Examiner op ed, CEI Senior Fellow Ryan Young proposes a Regulatory Reduction Commission to act as a permanent watchdog to prevent #NeverNeeded…
Forbes
Phase 4 Coronavirus Infrastructure Spending To Start At $2 Trillion
There’s still a chance for what next juggernauts America’s way to be made more sensible. We can liberalize infrastructure and the regulation of it rather than…
Blog
This Week in Ridiculous Regulations
Coronavirus deaths topped 1,000 in the U.S. last week, while new cases continued to double every few days. Meanwhile, agencies issued new final regulations ranging…
Blog
VIDEO: Reforming Antitrust for Global Competitiveness
The Information Technology and Innovation Foundation recently hosted its latest virtual event, “Reforming Antitrust Policy for an Era of Global Competitiveness.” ITIF President Rob Atkinson…
Blog
Regulation, Not Offshoring, Is Hindering Industry from Ramping up Production
In his latest Bloomberg column, Noah Smith argues that offshoring production led to the current shortage of medical masks and equipment in the face of…
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