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

News Release
Trump’s pick for Bureau of Labor Statistics should update data collection methods, not play politics
CEI labor and economy experts say President Trump’s nominee to head the Labor Department’s Bureau of Labor Statistics should improve data collection for jobs and…

Blog
Half of 2025’s public laws are Biden rule killers
In a notable twist, Congress has spent half of 2025’s lawmaking undoing Biden regulations. So far in the 119th Congress, 31 public laws have been…

Blog
The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…
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Blog
Alcohol Regulation Roundup: December 28
Much a like a family that you don’t get to choose, let’s make a quick holiday visit to the states around the nation and their…
Blog
Alfred E. Kahn, 1917-2010
The man behind airline deregulation passed away yesterday at age 93. Let us learn from his example of a life well lived.
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Morning Media Summary
Tech: Top Chinese blogger shuts down country’s first pvt magazine: “China’s first private magazine, which was launched by famous blogger Han Han in…
Citation
Warner’s actions sometimes belie his words
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Morning Media Summary
Tech: Top 10 Tech Disasters That Haven’t Happened… Yet: “Congratulations: You’ve survived another year, and 2010 was quite an eventful one. For…
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Time for Big Cuts in Education Spending?
America spends far more on education than countries like Germany, Japan, Australia, Ireland, and Italy, both as a percentage of its economy, and in absolute…
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