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
CEI’s Battered Business Bureau: The Week in Regulation
The pace of new rules has picked up recently, with 80 or more final regulations and more than 2,000 Federal Register pages for the second straight week.
Courier-Post
COMMENTARY: GOP debate’s missing question
The Courier Post published Michelle Minton's article which discusses how the GOP candidates should have approached answering the questions on fantasy football regulations during the…
Business News Daily
Title III Crowdfunding Ruling Changes Startup Fundraising for Good
Business News Daily asks John Berlau about the Securites and Exchange Commision's approval of new rules over the sales of securities through crowdfunding.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A normal week ended with a bang, with more than 450 pages of EPA regulations swelling Friday’s Federal Register to more than 800 pages (normal is around…
National Review
Regulatory Freeze Needs to Be Part of the Deal
Iain Murray discusses regulatory reform in the National Review: Representative Bill Flores’s Terms of Credit Act, which sought to pair the debt limit…
The Hill
What went unsaid at first Democrat debate
The Hill references Wayne Crews on the missing report to Congress on the costs and benefits of regulation. Inquiries to the SBA about…
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