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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Search Posts
Study
Mapping Washington’s Lawlessness
Wayne Crews writes a preliminary inventory of “Regulatory Dark Matter.”…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
With most of December still to go, the 2015 Federal Register is already the seventh largest ever, going back to 1936. It remains on pace to set the…
National Review
Highway Robbery: Bill Gives IRS Power over Passports
Iain Murray discusses the provision to the highway bill that allows the IRS to revoke passports. This Thanksgiving, we were missing a family…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Despite a respite for Thanksgiving, the 2015 Federal Register is now on pace to set an all-time record page count. It began publication in 1936. New regulations…
Washington Examiner
Washington red tape nears new and costly record
The Washington Examiner discusses Obama Administration regulations with Wayne Crews and Ryan Young. The red tape pushed this year mimics its record in…
Daily Mail
Daily Mail editorial: Latest Obama regulations burden business growth
The Daily Mail, in their article on the regulatory burden of the Obama Administration, mentions CEI's report on the regulatory state. As the Competitive…
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