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
Blog
General Motors’ Losses Hidden by Deferral of Union Pension Obligations
Any General Motors bonds issued this year will be classified as junk by a key ratings agency. Why? There’s some risk GM will go…
Blog
The Free Checking Restoration Act of 2011
“Free checking as we know it is ending,” says the lead paragraph of a widely-read and tweeted story this week from the Associated Press.
Blog
More Stimulus Money Wasted
A lot of money was wasted in weatherization projects paid for by the stimulus package, note The New York Times Green Blog and Professor…
Blog
More Support for Privatization of Virginia Liquor Sales
Yesterday, the Virginia Retail Federation (the advocacy arm of the Retail Alliance and the Retail Merchants Association) came out in support of privatizing liquor…
Blog
Morning Media Summary
Tech: Canada Says Google Wi-Fi Sniffing Collected Personal Data: “Canada’s privacy commissioner said Tuesday that Google’s recent Wi-Fi sniffing was a serious violation…
Blog
Medical Trial and Error
The Atlantic has an interesting profile of medical researcher John Ioannidis, who famously concluded in a groundbreaking 2005 study that the scientific conclusions of most…
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