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
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Search Posts
Products
Chapter 11: GAO database on rules and major rules
The federal government’s regulatory reports and databases serve different but intertwined purposes. The Federal Register presents all proposed and final rules, along with numerous presidential…
Products
Chapter 6: A note on rule reviews at OMB
Rule reviews at OMB are a useful variable to examine alongside costs, page counts, rule counts, and guidance documents, among others. Figure 17 depicts 449…
Products
Chapter 12: The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests legislative power in Congress. In practice, however, administrative agencies issue the vast majority of binding rules governing economic activity…
Study
Ten Thousand Commandments 2026
Introduction Record federal spending and record-setting regulatory burdens often march in lockstep. New spending is straightforward to track, but regulations obliging the private sector…
Blog
The week in regulations: Lead paint and mailing firearms
Gas prices topped $4.00 per gallon. The one-year anniversary of President Trump’s Liberation Day tariffs was solemnly observed. Trump fired Attorney General Pam Bondi.
Freedom Works Radio
AUDIO: CEI’s Wayne Crews Joins Freedom Works Radio to Discuss the 2026 Release of Ten Thousand Commandments
CEI’s Clyde Wayne Crews joined Freedom Works Radio to discuss the current state of regulations in America, as outlined in his new report, 2026’s…
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