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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Regulation of the Day 136: Off the Record
If you work for the Department of Energy's Federal Energy Regulatory Commission, a regulation in 18 CFR 385.2201 requires you to keep records of off-the-record…
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Hypocritical California Government Boycotts Against Arizona Over Immigration Law
“Representatives at three levels of California government were quick to call for economic measures against neighboring Arizona this week in the wake of its…
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CEI Weekly: CEI Protects Main Street From Financial Reform Bill
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's coalition efforts with other organizations to show the harms…
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“How many regulators does it take . . .?
On Bankstocks.com Thomas Brown has a clever piece about why a new consumer financial protection agency doesn’t make any sense. He describes a commercial…
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Supreme Court Overturns Ban on Cross; Gay-Marriage Opponents Will Lose Privacy Battle; Controversial Judicial Nominees; Wal-Mart Faces Mega-Lawsuit
In a splintered ruling, the Supreme Court ruled that a trial judge erred in issuing an injunction against a cross honoring veterans. It…
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Regulation of the Day 135: Mustache Nets
Just like church and state, hair and food are best kept separate. Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood:…
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