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

Blog
GOOD Act markup: The first step in illuminating regulatory dark matter
The Senate Homeland Security and Governmental Affairs Committee (HSGAC) is soon expected to mark up the Guidance Out of Darkness (GOOD) Act, an important bipartisan…

Blog
The week in regulations: Date taxes and manifest mailing
Political commentator Charlie Kirk was killed while speaking at an event. While the Producer Price Index went down in August, the Consumer Price Index climbed…

Blog
Trump’s Unified Agenda of deconstruction: Writing rules to erase rules
“It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by…
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News Release
Consumer Spending Growth Slows: COVID, Inflation, Supply Networks Are Factors: CEI Statement
On news today that inflation rose again in November, CEI Senior Fellow Ryan Young urged policymakers to do their part by spending less: “Consumer spending grew…
Blog
Best Books of 2021: Keith E. Stanovich, The Bias that Divides Us: The Science and Politics of Myside Thinking (MIT Press, 2021)
Today’s political polarization isn’t just annoying; it’s damaging important cultural and family institutions. And tensions won’t deescalate until people figure out the root of the…
Forbes
Here Are the 295 Costliest Rules in Biden’s Fall 2021 Unified Agenda of Federal Regulations
Along with the big spending, there’s big regulation, too. It seems to be mounting a return. Federal agencies issue …
News Release
Biden EPA Fuel Standard Will Impose All-Pain, No-Gain Policies on Consumers
The Biden administration today announced a final rule raising fuel economy standards for cars and small trucks, reversing a more sensible Trump-era rule. The new…
Forbes
The Fall 2021 Unified Agenda of Federal Regulations Delivers on Biden’s Promises of Government Activism
Each Spring and Fall since the 1980s, federal agencies have highlighted some of their regulatory priorities in the Unified Agenda of Federal Regulatory…
The Washington Times
Inflation, Supply Shortages Drive up Christmas Tree Prices
The Washington Times cites Senior Fellow Ryan Young on Christmas tree sales: Ryan Young, a senior fellow at the libertarian Competitive Enterprise…
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