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
Morning Media Summary
Tech: Sen. Rockefeller: FCC Should Take Fox News, MSNBC Off Airways: “SEN. JAY ROCKEFELLER (D-WV): “There’s a little bug inside of me which…
Blog
Why You Should CARE About the Ban on Four Loko
Late yesterday evening, the maker of Four Loko announced it was removing caffeine from the popular alcohol beverage. This came following media-driven hysteria, state…
Blog
Four Loko Crackdown: FDA Set to Ban Caffeinated-Alcohol Drinks
It looks as though the FDA is now set to ban the small but growing market for so-called alcohol-energy drinks, such as Four Loko and…
Blog
Morning Media Summary
Tech: Internet Explorer 9 Caught Cheating in SunSpider Benchmark?: “A Mozilla engineer has uncovered something embarrassing for Microsoft – Internet Explorer is cheating…
News Release
Small Businesses Not Growing? That’s Because Regulations Are
The U.S. Senate Committee on Small Business and Entrepreneurship will hold a hearing Thursday, November 18, on “Assessing the Regulatory and Administrative Burdens on…
Blog
Online Casino Gambling Moves Forward in New Jersey
As I reported last week, though federal attempts to legalize online gambling have seen little progress in the last year, states’ efforts have shown…
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