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
Free the Economy podcast: Crushing capitalism with Norbert Michel
In this week’s episode we cover the Trump administration’s AI action plan, Detroit’s unlikely rebirth, pushing back on EU tech regulation,…

Blog
The week in regulations: Cable TV and paper straws
Ozzy Osbourne, Hulk Hogan, and Chuck Mangione passed away. President Trump issued an Executive Order on artificial intelligence and announced a tariff deal with Japan.

Blog
Free the Economy podcast: Costs and benefits of urban transit with John Charles
In this week’s episode we cover Dodd-Frank’s 15th anniversary, a victory for homeowners in Oregon, and an alternative to socialist grocery…
Search Posts
Products
Ponzi’s Scheme: The True Story of a Financial Legend
Full Document Available in PDF Many have heard…
CEI Planet
April Issue of CEI’s Monthly Planet
Full Document Available in PDF Environmentalism, RIP? Not So Fast, by Angela…
Op-Eds
What Storm-Tossed FDA Needs
President Bush's nominee to head the Food and Drug Administration, Dr. Lester Mr. Crawford, faces daunting challenges. As acting commissioner for most of…
Op-Eds
A Poor Helmsman Navigates FDA’s Perfect Storm
The President's nominee to head the FDA, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past four years, Crawford…
Op-Eds
Bush’s Nominee is Wrong Guy for FDA at this Critical Time
The president's nominee to head the Food and Drug Administration, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past…
Op-Eds
California’s Bogus Baby Bottle Scare
The California State Assembly is about to consider legislation intended to frighten parents about the safety of baby bottles, teethers, pacifiers and other…
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