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
Letters
CEI Joins Coalition Letter on Midnight Litigation
View full document as PDF Dear Vice President-Elect Pence: It has come to our attention that a number of Departments and independent…
The Hill
Pruitt’s confirmation as EPA chief essential to restoring balance of power
The Hill highlights Wayne Crews’s calculated cost of regulations. Regulatory overreach is not a new threat to the constitutional separation of powers and…
Blog
This Week in Ridiculous Regulations
As the Obama administration heads into its home stretch, agencies passed new rules ranging from gloves to canned vegetables.
Blog
Five New Year’s Resolutions for a New Administration
Now is the perfect time for members of the incoming Trump administration to reflect on where America is and set policy goals for the coming…
The Hill
New President, New (Anti-)Red Tape Agenda
Federal regulators issue thousands of regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the United States”…
Forbes
Obama White House Releases Final Cost Of Regulation Report
The day before Christmas Eve, the White House Office of Management and Budget (OMB) released the 2016 Draft Report to Congress on the Benefits…
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