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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The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…

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Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…

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The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…
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Accounting Regulatory Failures
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Obama Uses BP Oil Spill to Push Corporate-Welfare-Filled Global Warming Bill That BP Once Lobbied For
Talk about chutzpah. President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global…
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CEI Weekly: How Deregulation Can Curb Terrorism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's article in the American Spectator arguing for reform…
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Media Give Disgraced Politician Eliot Spitzer a Soapbox to Lecture the Public
Eliot Spitzer, who was forced out as Governor of New York after paying prostitutes tens of thousands of dollars and then violating federal finance laws…
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Friday Regulation Roundup
$300,000 of stimulus money to pay for floating toilets, plus more.
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Today’s the Day
Today is National Donut Day. Ordinarily, this would be just another cute calendar event. But nowadays we’re bombarded by government proposals…
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