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
Obama Bank “Responsibility Fee” Is Destructive, Hypocritical and Likely Unconstitutional
The so-called Financial Crisis Responsibility Fee is a tax in search of a target. Today, the President declared, “We want our money back.” Yet his…
Blog
Health Insurance and Campaign Contributions
$40 million and change plus some antitrust troubles is a really small price to pay for a legal guarantee of vastly increased business, forever.
Blog
New York Salt-Slashing Op-Ed in NY Post
Here is my op-ed published in the New York Post on January 13th. As-salt on science On Monday, city officials rolled out an initiative…
Blog
A French Kiwi wine? New Zealand and Australia say “non”
Nice article in the Wall Street Journal today by Anne Jolis on a trademark brouhaha between France and Australia that highlights some…
Blog
Experts Question Enormous Cost and Constitutionality of Healthcare Legislation
The health care legislation backed by the president and congressional leaders will increase Americans’ health care costs by more than $200 billion,…
Newsletter
CIA Climate Data, Fannie and Freddie Absent and Health Insurance and Antitrust
The Central Intelligence Agency shares classified satellite data with climate researchers. Executives from Fannie Mae and Freddie Mac are conspicuously absent from the first hearing…
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