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
This just in
Mark Allen’s "FCC should face reality" [guest commentary, Nov. 8] rightly points out the negative effects of the FCC’s media-ownership rules. One not…
Op-Eds
The Subprime FHA
After two months of economic jitters over bad lending decisions, it looks as if the credit markets may have turned a corner. The stock…
Newsletter
CEI Daily Update
Issues in the News 1. TECHNOLOGY Cities across the country cancel…
News Release
Credit Union Deregulation Could Help Small Businesses
Washington, D.C., September 19, 2007—If Congress moves to de-regulate credit union business lending, it would help some selected categories of small businesses, according to…
Op-Eds
Bush’s Credit Issues
In the midst of what’s called the subprime mortgage “contagion,” President Bush seems to have caught a virus of his own: Potomac paternalism syndrome.
News Release
Will Overregulation Kill Land Line Telephones?
Contact: Christine Hall, 202.331.2258 Washington, D.C., September 6, 2007—Americans are ditching their land line phones for cell phones in favor of mobile…
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