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…

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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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Investors' Business Daily
Tax Preparers Shouldn’t Get IRS Favors
Taxes are big business. And not just for the federal government, which collects over $1 trillion per year in income tax revenue alone. Because the…
Blog
USDA Puts Fox in Charge of Guarding the Hen House
A proposed new rule from the USDA's Grain Inspection, Packers & Stockyards Administration is one more example of obscure regulatory agencies run amok. What makes…
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Massive Property Tax Increases Coming for Homeowners in Northern Virginia
Homeowners in Northern Virginia may face massive, record-setting property tax increases of 20 percent or more in the upcoming year. One reason is the EPA’s…
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Regulation of the Day 157: Unlicensed Barbering
In Orange County, Florida, barbering without a license is illegal. The regulation is being enforced with armed raids.
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Morning Media Summary
Tech: Lamebook Sues Facebook Over Trademark Infringement. Wait, What?: “Here’s a head scratcher, at first glance at least: Lamebook , a hilarious advertising-supported…
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An End to Out-of-State Beer?
Would you be steamed if you couldn’t buy Anchor Steam (of San Francisco, CA), or go into a flying rage without Flying Dog (of Maryland)?…
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