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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Op-Eds
Freedom and its Digital Discontents
John Berlau, director of CEI's Center for Entrepreneurship, debates Sarbanes-Oxley in the Economist…
Citation
Dumb Product Bans
Study
First Steps toward Restoring Florida’s Insurance Market
Full Document Available in PDF As Florida’s Legislature proceeds with its…
Newsletter
Banned Products, Hybrid Cars and Discrimination Lawsuits
Issues in the News 1. POLITICS Virginia residents object to a law banning the sale of sangria, even in…
Newsletter
The Supreme Court, William F. Buckley, Jr. and Bernanke on the Economy
The Supreme Court-- pro business?…
Study
The Five Dumbest Product Bans
This paper focuses on five clearly absurd product bans that seem to serve no social good.
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