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
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.
Blog
Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
Search Posts
Small Business Advocate
AUDIO: Wayne Crews discusses regulation on The Small Business Advocate
Wayne Crews, author of CEI’s 10,000 Commandments, joined Jim Blasingame on The Small Business Advocate to discuss regulations in the Trump administration. Listen to…
Blog
2017 Competitive Enterprise Dinner Keynote: Elaine Chao
Remarks delivered by U.S. Secretary of Transportation Elaine Chao at CEI’s “Through the Looking Glass” Annual Dinner & Reception.
Forbes
How Many Federal Agencies Exist? We Can’t Drain The Swamp Until We Know
As the federal bureaucracy has expanded, has America become “One Nation, Ungovernable”? No one can even say with certainty anymore how many federal agencies exist;…
Blog
Don’t Follow the Money
The July/August issue of Foreign Affairs has an excellent article by Professor Peter Neumann of King’s College London entitled: “Don’t Follow the Money: The Problem with…
The Conservative
Trade’s Real Enemy Is Regulation
Free trade has brought countless benefits over the past two centuries. It allows for specialisation among nations that has brought down the cost of living…
Blog
This Week in Ridiculous Regulations
A recent EPA rule for dental effluence caused some controversy for violating President Trump’s one-in, two-out policy for new rules.
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