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…
Search Posts
Op-Eds
For the TSA, all risks are created equal
John Pistole, the head of the Transportation Security Administration, recently told The Atlantic in an interview that “we’ll never eliminate risk” of terrorist attacks on…
Citation
Debit Card Restrictions Bad News for Consumers
Blog
Morning Media Summary
Tech: Skype Outage hits users worldwide: “Millions of Skype Internet phone users worldwide couldn’t make calls — or were dropped in mid-conversation —…
Blog
FCC Net Neutrality: Some Networks are More Neutral than Others
Today’s decision [by FCC bureaucrats] will help preserve the free and open nature of the Internet [as defined by the government] while encouraging innovation [as…
Blog
The Obama Administration’s Misguided War on For-Profit Colleges
In Forbes, economist Richard Vedder of Ohio University documents the blunders behind the Obama administration’s war on for-profit colleges that wiped out $8 billion…
Blog
Will Net Neutrality Save the Internet?
Reason.TV created an excellent video explaining Net Neutrality and arguing against it. I’ve heard too many people irrationally claim that big corporations are going to…
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