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: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory tax of…
Search Posts
Washington Examiner
The White House is crippling our economy
Congressman Tom Price writes for Washington Examiner and highlights the cost of government red tape as calculated in Wayne Crews's annual report on the size of federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register broke the 50,000-page mark on Friday, and remains on a record pace. New regulations for the week ranged from cement to…
Reason Magazine
Regulations Make Americans $4 Trillion Poorer
Reason Magazine reports on the costs of regulation as published in Wayne Crews's annual study on the size of federal regulation. The compliance…
Blog
Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA
The annual Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities is quite overdue.
Blog
Can the Ideas in the RNC Platform Help Reform Regulation?
Lord knows. But the Republican Party’s new platform which contains planks on such pressing issues as “Protection Against an Electromagnetic Pulse (p. 54),” also has…
Forbes
Unfunded Mandates On The States Rising Again
Fifteen Republican Attorneys General just wrote to House and Senate leadership, concerned about agencies “failing to fully consider the effect of their regulations on…
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