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…

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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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Ponzi’s Scheme: The True Story of a Financial Legend
Full Document Available in PDF Many have heard…
CEI Planet
April Issue of CEI’s Monthly Planet
Full Document Available in PDF Environmentalism, RIP? Not So Fast, by Angela…
Op-Eds
What Storm-Tossed FDA Needs
President Bush's nominee to head the Food and Drug Administration, Dr. Lester Mr. Crawford, faces daunting challenges. As acting commissioner for most of…
Op-Eds
A Poor Helmsman Navigates FDA’s Perfect Storm
The President's nominee to head the FDA, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past four years, Crawford…
Op-Eds
Bush’s Nominee is Wrong Guy for FDA at this Critical Time
The president's nominee to head the Food and Drug Administration, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past…
Op-Eds
California’s Bogus Baby Bottle Scare
The California State Assembly is about to consider legislation intended to frighten parents about the safety of baby bottles, teethers, pacifiers and other…
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