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

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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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Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…

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The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…
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Regulation of the Day 132: Fire Sprinklers
Cries for tax simplification grow every year. How does Congress respond? By introducing legislation to "amend the Internal Revenue Code of 1986 to classify automatic…
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CEI Weekly: Chris Horner Writes New Book: “Power Grab”
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the debut of Chris Horner's new book "Power Grab," as…
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Intern Sweatshops?
Jeffrey Miron comments on state officials’ claim that increasing the use of unpaid (or barely paid) interns might run afoul of minimum wage laws.
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Virginia Shows the Way in Taking on the Pensions Crisis
As the federal government continues to expand at an ever-growing pace, the Old Dominion is doing things differently. As The Richmond Times-Dispatch explains,…
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Cesar Chavez Day – Interesting Timing
March 31 was Cesar Chavez Day. Cesar Chavez Day has been celebrated in California for some time. But this year, for the first time, it…
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The Numbers on Public Sector Unions and State Debt
In today’s Washington Examiner, David Freddoso outlines the close correlation between state government debt and public sector unions. As he notes, “the states with…
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