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: 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…

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…
Search Posts
Op-Eds
The Fed’s Christmas Gift: Reduced Fees for Fat-Cat Merchants
On a snowy Thursday in the nation’s capital – with little more than a week to go until Christmas – the Board of Governors of…
Blog
Judicial Hellholes Kill Jobs and Redistribute Wealth
The most recent list of judicial hellholes has just been released by the American Tort Reform Association. It lists “courts in Philadelphia; California’s Los Angeles…
Blog
Morning Media Summary
Tech: FCC’s net neutrality plan faces growing chorus of bipartisan opposition: “As the Federal Communications Commission (FCC) prepares to vote next week on…
Blog
Nanny-Statist CSPI Sues to Ban Happy Meals at McDonald’s
An ill-informed left-wing group, the Center for Science in the Public Interest, is suing McDonald’s in California to ban toys from Happy…
Blog
Should Obamacare Be Struck Down In Its Entirety Rather Than Just Having Its Unconstitutional Parts Severed?
In his ruling striking down Obamacare’s individual mandate (requirement that people buy health insurance), Judge Hudson in Richmond declined to strike down the rest…
Blog
Security Theater, D.C. Metro Edition
Everyone wants our transportation systems to be safe. But safety must also be balanced with respecting the privacy of citizens, and not wasting money on…
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