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
Blog
Ten Thousand Commandments 2023 is out now
The 2023 edition of CEI’s flagship annual study, Wayne Crews’s Ten Thousand Commandments, is out now. For those not familiar, 10KC gives a big-picture…
News Release
Report: Federal regulatory burden undermines economy, financial security
A new report from the Competitive Enterprise Institute tallies the huge and growing cost federal regulations impose on American businesses and families – $1.939…
Products
Chapter 5: Page Counts and Numbers of Rules in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its number of pages is often cited as…
Products
Chapter 3: Getting Beyond a Federal Regulatory Budget and the Limitations of Administrative Reform
Federal programs are funded either by taxes or by borrowing, with interest, from future tax collections. When Congress spends, no one questions that disclosure…
Products
Chapter 6: The Expanding Code of Federal Regulations
The page count in the Code of Federal Regulations (CFR), where the Register’s rules come to rest in small print, is not as dramatic…
Products
Chapter 9: A Note on Rule Reviews at OMB’s Office of Information and Regulatory Affairs
Tracking the effects of rules and regulations, executive orders, memoranda, and regulatory guidance is vital. These alternative regulatory actions have become powerful means of working…
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