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
Australia Needs an Administrative Procedure Act
In the United States, there is an intellectual movement going on the likes of which have not been seen in nearly a century. The administrative…
Blog
For Better Policy, Congress Should Stop Punting to Executive Agencies
Yesterday the Federalist Society’s Regulatory Transparency Project and Article I Initiative hosted a fascinating panel discussion here in Washington, D.C. about the dynamic relationship between…
Reason
Stop Treating the Government With Respect
Reason cites Senior Fellow John Berlau on regulatory agencies. Those strictures no longer look so strict. New York state’s blue-tribe government last year…
Blog
This Week in Ridiculous Regulations
Last week, a Canadian team won the NBA championship for the first time, while an American team won the Stanley Cup. This week brings us…
Capitalism Magazine
Professor Stigiltz’s “Progressive Capitalism” is Neo-Socialism
Capitalism Magazine cites CEI’s 10kC report. As for government regulation of the private sector, the Competitive Enterprise Institute estimates in its latest “Ten…
The Daily Caller
LEWIS: American Prosperity is Rolling Forward – Despite Impeachment-Obsessed Democrats
The Daily Caller cites CEI’s 10kC report. By the end of 2016, there were over 95,000 pages in the Federal Register — the most…
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