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
The Apple E-Book Ruling and Antitrust Absurdity
A recent ruling against Apple over its e-book pricing policies highlights the absurdity of antitrust laws, as I point out in the Daily Caller:…
Blog
CEI Podcast for July 11, 2013: Farm Bill Controversy
Adjunct Fellow Fran Smith breaks down the controversy surrounding this year's farm bill.
Blog
Scientists Warn of Dangers of “Precautionary Science”
Eighteen scientists recently weighed in on the unscientific and dangerous nature of the so-called “precautionary principle” in the July issue of the journal Food…
Blog
Senate Committee Passes ENDA, Which Would Lead to Meritless Litigation and Erode Free Speech
A Senate Committee has voted 15-to-7 to approve the Employment Non-Discrimination Act, "a bill that would prohibit employers from discriminating against workers on the basis…
Blog
SEC Finally Permits Free Speech for Hedge Funds, VCs, and Entrepreneurs
Today is finally the day that the Securities and Exchange Commission -- one year and three months after it was instructed to do so by…
Blog
Regulation Causes Inflation
Over at the American Spectator, I show why an unintentional and unavoidable side effect of regulation is inflation:…
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