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 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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How ‘Unrules’ are powering down the bureaucracy
The year 2025 may be remembered as the year regulation hit pause. As of the end of July, 1,518 finalized federal rules have been published…
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The cut-and-paste Splinternet
The way Ben Kunz in a new Business Week artcle puts it, “Each device contains its own widening universe of services and applications, many…
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Credit Card Bill of Rights
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Obama’s Policies Will Increase National Debt by $9.7 trillion, Says Congressional Budget Office
“President Obama’s policies would add more than $9.7 trillion to the national debt over the next decade, congressional budget analysts said Friday. . .The 10-year…
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CEI Weekly: DOE Seeks Lobbyists to Sell Green Jobs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's FOIA findings from the Dept. of Energy, protests…
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Can a “runaway Toyota” be stopped with the brakes?
There have been many driver claims that they tried using the brakes but it couldn’t override the engine at the full throttle into which alleged…
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Regulation of the Day 123: Donating Blood
If you’re gay, you can’t donate blood. It’s illegal. Rather than screening donors for sexual preference, they should be screened for blood-borne diseases. Straight people…
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