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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
Search Posts
Blog
This Week in Ridiculous Regulations
CEI’s Wayne Crews looked at the Biden administration’s dismantling transparency reforms for guidance documents and warned that political spending on scientific research would…
Blog
EPA Follows Through on Biden Directive to Hide Guidance Documents from the Public
Before President Joe Biden signed an executive order called Revocation of Certain Executive Orders Concerning Federal Regulation that, among much else, instructed federal agencies…
News Release
Some Good News in April 2021 Job Numbers
The unemployment rate didn’t budge much in April, according to just-released data from the Labor Department, but CEI labor policy expert Sean Higgins…
Marketplace
Democrats In Congress In No Hurry To Overturn Trump-Era Regulations
Marketplace cites Senior Fellow Mario Loyola on regulatory reform: Mario Loyola at the Competitive Enterprise Institute said that’s because Republicans were on…
Forbes
Laws Have Mercy: Here is How Biden is Restricting Access to Regulatory Guidance Documents
A significant component of Joe Biden’s first 100 days has been the rapid reversal and work-in-process unwinding of former president Donald Trump’s efforts to…
Las Vegas Review Journal
EDITORIAL: Infrastructure Package Meets Federal Red Tape
The Las Vegas Review-Journal cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: The projects that might survive the legislative process as…
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