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…

Blog
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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In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable
This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court…
Blog
Driverless Cars Legalized In California
Just after 1pm PDT, California Governor Jerry Brown signed into law SB 1298, which explicitly legalizes the use and testing of driverless cars in the…
Blog
Work ‘til You Drop: Is This The Next European “Welfare?”
As Europe’s population ages, its widespread entitlement commitments will generate huge burdens on governments’ budgets. The economic consequences are easy to foresee: just think of…
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CEI’s Battered Business Bureau: The Week In Regulation
82 new regulations, from Indian casinos to bailouts for fruit tree owners.
Blog
State Capitalism Or Corporatism? Italy’s Carmaker Conundrum
Italy’s iconic car manufacturer, Fiat, announced Saturday its plans to keep its production base in Italy after months of threatening to leave for more…
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Junk Science Is Worse For Your Health Than Egg Yolks
We all know that eggs contain a lot of fat and cholesterol. While that does not make them “bad,” most of us realize that if…
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