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: FAA ethics and Postal Service justice
Social Security will go bust in 2033. War with Iran is a real possibility. The Federal Reserve held interest rates steady, as expected. It is…

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Free the Economy podcast: The Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…
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This week in ridiculous regulations: Crab specifications and dominant postal products
More tariffs are on the way against China. President Trump announced that delayed tariffs against Canada and Mexico will go through. The actor Gene Hackman…
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This week in ridiculous regulations: flax revenue and female test dummies
President Trump announced reciprocal tariffs. At this point it is uncertain how they would be implemented. Agencies issued new regulations ranging from butterfat testing to…
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Agenda for Congress: Regulation
CEI’s new Agenda for Congress is out now. Each chapter contains pro-market policy recommendations in areas where CEI has expertise. Here are four principles…
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This week in ridiculous regulations: Automatic brakes and horse protection amendments
Sixty-seven people died when a military helicopter and a passenger jet collided near Reagan Airport. President Trump issued an Executive Order to stop all federal…
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Free the Economy podcast: Trump vs. the Regulatory State with Susan Dudley
In this week’s episode we cover how the feds are forcing your bank to spy on you, a new strategy for housing…
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Trump sketches out a battle plan on housing affordability
Housing affordability has become a front burner issue, and President Trump spared no time setting out his plan targeting the government regulations and red tape…
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