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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

Blog
The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

Blog
The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
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Citation
Congress Reins in Regulatory Beast
Op-Eds
Unlivable Communities
Vice President Al Gore recently announced a new “livable com munities agenda,” designed to “ensure a high quality of life” by controlling so-called “urban sprawl.” But…
Study
So, What Will This Unfunded Mandate Cost Me?
View Full Document as PDF The $1.77 trillion spending budget President Clinton sent to Congress February 2 tells just part of…
Products
What A Congress
As1998 draws to a close, it’s appropriate to look back at the most significant deregulatory successes that have been achieved during the year. Where should…
Commerce and Industry Association of New Jersey
Wealthier is Healthier
Products
ATF Documents Reveal Ban on Protected Speech
We have previously reported on CEI’s pending lawsuit with the bureau of Alcohol, Tobacco and Firearms (ATF) challenging the constitutionality of the agency’s ban…
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