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

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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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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Blog
The High Cost of Project Labor Agreements
At Biggovernment.com, Mandy/Liberty Chick provides a comprehensive overview of project labor agreements (PLAs), which impose onerous conditions on contractors who wish to bid on government…
Newsletter
The Lessons of the Meltdown, Attacking the Tea Parties and Texting Safety
Former Wall Street Journal editor George Melloan takes on the recent economic meltdown in a new book. A new online campaign aims to fight the…
Blog
An alternative to laws against texting while driving?
You can put on makeup while driving, fiddle with your GPS and iPod or reach back to pinch your annoying kid in the back seat,…
Blog
Regulation of the Day 107: Blowing Your Nose While Driving
It's a good idea to be in control of your car when you're driving. This good idea is also law in most places. But sometimes…
Blog
Maryland Legislators Seek to Jack Up Child Support Levels, Based on Bogus Inflation Rationale
A bill, SB 252, was just introduced in Maryland to increase child support obligations for households at most income levels–a massive…
Blog
State of the Union Live-Blog
Welcome to CEI's live-blog of the 2010 State of the Union address.
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