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 Supreme Court heard oral arguments on the King v. Burwell case last week. The decision, likely to appear in June, will determine in part whether regulatory…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The FCC, inspired by a law passed in 1934, unveiled its controversial plan to regulate the Internet as a public utility. Beyond that it was…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In a very cold, holiday-shortened week, federal agencies issued 40 final and 33 proposed regulations covering everything from lithium-ion batteries to small fish in Oregon.
Blog
How to Help Tesla and Taxpayers
Policies aimed at reducing auto emissions in California and 10 other states are having a troubling set of unintended consequences, according to a recent editorial at…
Blog
Does Regulation Hurt Innovation?
How much does regulation crimp innovation? Not very much, according to a new study from the U.S. Census Bureau’s Nathan Goldschlag and George Mason University’s Alex…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In a week like any other, regulatory agencies issued more than 50 new rules covering everything from from rockfish to wine. On to the data:…
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