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
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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Washington Examiner
Self-Driving Car Bill’s Backers Seek Senate Vote Before It’s Too Late
Washington Examiner cited CEI’s Senior Fellow Marc Scribner on self-driving vehicle regulatory framework. Lawmakers and American car manufacturers are mounting a last-ditch effort…
The Daily Caller
ACLU Criticized For Suggesting Title IX Proposal ‘Inappropriately’ Favors The Accused
The Daily Caller cited CEI’s Senior Fellow Marc Scribdner on ACLU stance towards DOE’s Title IX reform. The American Civil Liberties Union (ACLU) is…
The Hill
Time For A Regulatory Budget
The Hill cited CEI on the burden of federal regulations. America’s regulatory burden has thrived in solitude because it’s uncounted, and therefore uncontrolled.The…
News Release
New FDA Rules on E-Cigarettes Will Limit Adult Smokers’ Access to Safer Alternatives
The Food and Drug Administration (FDA) today announced new regulations restricting the sale of flavored e-cigarettes. The new rules would restrict sales at convenience stores…
Reason
Trump Brags About Deregulation, But A Huge Number Of His Deregulatory Actions Were Started Under Obama
Reason cited CEI’s Senior Fellow Wayne Crews on Trump deregulation policy. President Donald Trump likes to brag about his record of cutting regulations.
Liberty Unyielding
Protectionism Kills Jobs And Candidacies
Liberty Unyielding cited CEI on Trumps deregulation policy. In the 2016 election, the GOP benefited from farm-state opposition to the Obama administration’s bureaucratic…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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