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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
Forbes
Shaky Stock Market A Signal Obama Should Reconsider Veto Threat On Red Tape Relief
In his final State of the Union Address, with a sinking stock market as backdrop, President Barack Obama said, “I think there are outdated regulations…
Breitbart
America Must Tame Regulation, ‘Bring Small Businesses Back’
Breitbart mentions CEI's research on the impact of the regulatory burden on small businesses. Data compiled by the Competitive Enterprise Institute shows that…
Washington Examiner
Kasich touts one-year freeze on regulations
The Washington Examiner mentions CEI's study on the amount of regulations created in 2015. In 2015 alone, 3,378 rules and regulations were finalized,…
Watchdog.org
Obama missed opportunity to highlight red tape in final State of the Union
Watchdog.org quotes Wayne Crews on President Obama's final year in office and the large quantity of regulations to be expected. “Since the president’s final…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
After a record-setting 2015, 2016 got off to a slow start, with new rules covering everything from vending machines to Nebraskan sludge. Even so, it…
One News Now
Congress runner-up in ‘red tape’ production
One News Now discusses with Ryan Young the regulations created by the executive branch agencies, which far outweigh those from Congress. According to the Competitive Enterprise…
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