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
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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Op-Eds
Many Talents Needed for FDA Post
The departure of FDA Commissioner Mark McClellan leaves a high-level opening in the Bush administration for the right candidate. It's a hard job, but…
News Release
DAILY DIARY – DEBUNK THE JUNK, APRIL 5, 2004
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Receipts available as a pdf. “A gentleman never…
News Release
DAILY DIARY: DEBUNK THE JUNK – APRIL 3, 2004
My academic journey has not been easy. Fortunately, I have always been very inquisitive and love reading so that combination has led me…
News Release
DAILY DIARY – Debunk the Junk Report – APRIL 2, 2004
Receipts available as a pdf. “Even when all the experts agree, they may well be mistaken.” – Bertrand…
CEI Planet
April/May Issue of CEI’s Monthly Planet
Full Document Available in PDF “The Day After Never,”…
Letters
Stop FCC Unbundling Laws
Full Letter Available in PDF Mr. President, in your recent speech in Albuquerque, you championed “the…
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