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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

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The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

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The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
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New Choices in Auto Insurance
The high cost of auto insurance is a serious concern for many people across the country. Annual premiums can run into thousands of dollars.
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The Power of Positive Drinking
CEI is back in federal court. On October 29th, CEI filed suit against the Bureau of Alcohol, Tobacco and Firearms (ATF) to challenge the agency’s…
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Message from the Executive Director: Time for Another Contract
The 104th Congress was anything but "extremist." Its leaders proposed to balance the budget — but only after seven years. They called for family tax…
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Uncle Sam’s Commandments
While government activity is generally, and rightly, associated with taxing and spending, there is another way Congress carries out its objectives: by imposing health, safety,…
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The Free Market Automobility Bibliography
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Oysters and Willapa Bay
Contents: Oysters Oysters and Willapa Bay Eliminating the Tragedy of the Commons Experimentation and Innovation Fighting for Water…
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