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
Commencing deconstruction of the administrative state – Trump’s next 100 days
Federal regulation costs trillions of dollars each year. Call it the “costberg”—a vast, submerged amalgam of rules, guidance, and paperwork reshaping the economy without a…

Blog
The week in regulations: Taconite plans and ante-mortem horse inspections
Markets went down when President Trump threatened to fire Fed chair Jerome Powell and went up when he backed off. Agencies issued new regulations ranging…

Blog
Ten Thousand Commandments 2025 is out now
The 2025 edition of CEI’s flagship report, Ten Thousand Commandments, is out today. For more than 30 years, my colleague Wayne Crews has been…
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Study
Appropriations Riders and Environmental Reform: How Appropriate?
Full Version Available In PDF The reform and restriction of federaql regulatory programs is a key element of the conservative Congressional agenda. Many…
News Release
Press Conference: Public in Dark about Alcohol and Heart Disease
WASHINGTON, DC November 6, 1995—CEI today releases a poll showing that over half the American public does not know about the cardiovascular benefits of…
Study
Regulatory Reform: Is it Still a Pipe Dream? A Look at the 104th Congress
Full Document Available in PDF…
Study
How to Dismantle the Interior Department
Full Document Available in PDF The Department of the Interior was…
Study
The Economic Fallacies of Demand-Side Management
Full Document Available in PDF Recent years have seen the emergence of…
Study
Home Not Alone: New York’s War on Landlords
Full Document Available in PDF The key to rent…
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