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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

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The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Cataloging Washington’s Hidden Costs, Part 3: The Costs of Regulatory Benefits
In the first installment of "Cataloging Washington's Hidden Costs," the topic was loss of liberty; in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
60 new regulations, from salamanders to beans from Jordan.
Citation
Obamacare Will Kill the Middle Class
This is what it looks like when government tries to create a more perfect society by intervening in the private economy and taking away consumer…
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Taxpayer-Funded Propaganda to Show the “Evils” of Private Alcohol Sales
As if there wasn’t enough money in politics, now government agencies are using taxpayer dollars—our dollars—in an attempt to influence state policy. The National Institutes…
Blog
Can the Government Regulate Bitcoins?
Bitcoins themselves cannot be regulated under current law, at least not directly. But certain activities involving…
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Government “Study” on Internet Tax Hides Harmful Small Business Effects
Under presidents of both parties, the Small Business Administration's Office of Advocacy has produced quality independent studies on the harmful tax and regulatory burden on…
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