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
Study
A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
Yogonet
The American Gaming Association Testifies On US Sports Betting
Yogonet cited CEI on sports betting regulations. The American Gaming Association (AGA) today informed the House representatives that “no additional federal engagement…
Stiffs and Georges
Federal Sports-Betting Regulation Bombs
Stiffs and Georges cited CEI on sports betting regulations. At least one woman was treated with respect yesterday on Capitol Hill and that was the American Gaming…
Blog
This Week in Ridiculous Regulations
It was a busy week in the political world, from the bitter Supreme Court controversy to President Trump’s UN speech, to tariffs on $260…
Small Business Trends
NLRB Proposes Rule Change To Restore Joint Employer Standard
Small Business Trends cited CEI’s Policy Analyst Trey Kovacs on NLRB proposed rule change. Labor policy analyst Trey Kovacs of The Competitive Enterprise…
Reason
New FAA Reauthorization Bill Tackles Seat Size, Supersonic Jets
Reason cited CEI’s Senior Fellow Marc Scribner on Congress aviation reform. “From our perspective, this is the most forward-leaning language from Congress 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