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: 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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The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…
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Supreme Court Overturns Life Sentences Without Parole for Violent Juveniles, Citing “International Opinion”
The Supreme Court has just held that violent juveniles cannot be given a life sentence without the opportunity for parole, unless they succeed in killing…
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Preempting State Pension Bailouts
Congress has long used its control of the federal government’s purse strings as a club with which to force states to change laws that fall…
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The Myth of Bush the Deregulator
Contrary to popular belief, the Bush administration was the best friend regulators have had in a generation or more.
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Sometimes I Think They’re Just Messing with Us
Here's an excerpt from an early 1980s Office of Management and Budget report.
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Radical Law Professor Goodwin Liu Approved as High-Ranking Judge by Senate Judiciary Committee, on Party-Line Vote
Radical law professor Goodwin Liu was approved to sit on the federal appeals court for the Ninth Circuit in a party-line, 12-to-7…
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CEI Weekly: CEI Defends Internet Freedom
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's defense of the internet against new FCC regulations by…
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