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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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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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…
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Forbes
Phase 4 Coronavirus Infrastructure Spending To Start At $2 Trillion
There’s still a chance for what next juggernauts America’s way to be made more sensible. We can liberalize infrastructure and the regulation of it rather than…
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This Week in Ridiculous Regulations
Coronavirus deaths topped 1,000 in the U.S. last week, while new cases continued to double every few days. Meanwhile, agencies issued new final regulations ranging…
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VIDEO: Reforming Antitrust for Global Competitiveness
The Information Technology and Innovation Foundation recently hosted its latest virtual event, “Reforming Antitrust Policy for an Era of Global Competitiveness.” ITIF President Rob Atkinson…
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Regulation, Not Offshoring, Is Hindering Industry from Ramping up Production
In his latest Bloomberg column, Noah Smith argues that offshoring production led to the current shortage of medical masks and equipment in the face of…
News Release
CEI Experts Blast Attempts to Politicize COVID-19 Relief Bill
While the nation suffers, Washington has descended into an unseemly squabble over the latest COVID-19 relief bill. Politicians from all quarters are attempting to expand…
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This Week in Ridiculous Regulations
Governments are responding to the coronavirus with a getting rid of harmful regulations on restaurants, schools, and stores. Most of these rules were never needed…
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