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 Summar
Tech: Privacy vs. Profits: “The threat to privacy posed by digital technology is about to take a turn for the worse. At least,…
Blog
Your Shriveling 401(K): Thank Financial Red Tape and the Foreclosure Furor
If your 401(K) has shrunken recently, it may be due to falling bank stocks, like Bank of America stock, which has fallen from over $19…
Blog
Building Height Restrictions: Where I Agree with Matthew Yglesias
Matthew Yglesias of the Center for American Progress links to a Washington Post article that notes that office rents in downtown D.C. are now…
Blog
Meager Part-Time Work Masks Unemployment
Unemployment is often masked by part-time work, since people who would prefer to work full-time are not treated as unemployed by government statistics if they…
Blog
Morning Media Summary
Tech: The World is Full of Interesting Things: “That’s the name of a brilliant slideshow created by Google’s Creative Labs. You’ll find a…
News Release
Experts Urge Michigan’s Next Governor to Reform Insurance Regulations
Contact: Lee Doren, 202-331-2259 Washington, D.C., October 19, 2010 – Michigan’s next governor has his work cut out for him. It is no secret that…
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