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
The week in regulations: Farmer training and approving fireworks
Tuesday’s Federal Register contained 105 proposed regulations and 86 final regulations. Much of it was regulatory cleanup for railroads, pipelines, and mining. The reconciliation bill…

Blog
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

Blog
Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…
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Op-Eds
Utopian Policymaking: The Inherent Dangers of “Inherently Safer Technology”
What would you say if the federal government proposed phasing out large commercial airplanes? After all, they could argue that using only small planes with…
Citation
Few Groups Challenge Regulatory Data Under Act
CEI Planet
February Edition of CEI Monthly Planet
Full Document Available in PDF Articles in this edition:…
News Release
New Federal Rule on Alcohol Ads and Public Health
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 28, 2003—Today the U.S. Treasury’s Alcohol and Tobacco Tax and Trade Bureau (formerly…
News Release
New SEC Rules Create Added Costs, Little Benefits
Washington, D.C., January 29, 2003 – Despite opposition from many sources, the Securities and Exchange Commission recently adopted new rules on forced disclosure…
News Release
Environmental, Other Regulations Under Scrutiny
Washington, D.C., December 20, 2002—From energy conservation standards for washing machines to labels on genetically modified food, many federal regulations are coming…
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