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.
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News Release
Senator Ron Johnson and 15 GOP Colleagues Introduce Guidance Out of Darkness Act in 118th Congress
Senator Ron Johnson (R-WI) introduced the Guidance Out of Darkness (GOOD) Act this week, a bill aimed at bringing transparency to agency guidance documents…

Blog
This Week in Ridiculous Regulations
President Biden released a $6.8 trillion proposed budget. The labor force grew by 311,000 people in February. Meanwhile, agencies issued new regulations ranging…

Blog
Regulatory Reform in the 118th Congress: The ALERT Act
Transparency is a vital part of good government. It is also lacking in the regulatory process. H.R. 262, The All Economic Regulations are Transparent…
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News Release
Press Conference: Public in Dark about Alcohol and Heart Disease
WASHINGTON, DC November 6, 1995—CEI today releases a poll showing that over half the American public does not know about the cardiovascular benefits of…
Study
Regulatory Reform: Is it Still a Pipe Dream? A Look at the 104th Congress
Full Document Available in PDF…
Study
How to Dismantle the Interior Department
Full Document Available in PDF The Department of the Interior was…
Study
The Economic Fallacies of Demand-Side Management
Full Document Available in PDF Recent years have seen the emergence of…
Study
Home Not Alone: New York’s War on Landlords
Full Document Available in PDF The key to rent…
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Property Rights Fact and Fiction
Full Document Available in PDF The rise of property rights activism was…
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