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
Public Choice: A Primer
The good folks at the London-based Institute for Economic Affairs have just released an excellent book by Eammon Butler, Public Choice: A Primer.
Blog
Multiemployer Pensions, the Tragedy of the Commons, and the “Last Man Standing” Rule
The “tragedy of the commons,” as described by the late ecologist Garrett Hardin, generally refers to the depletion of a finite resource caused by…
Blog
Economic “Recovery” Is Slow and Weak Due to Obama Administration Policies
Typically, after the economy suffers an unusually severe recession, it bounces back in an unusually rapid recovery -- what some economists and others refer to…
Blog
Regulation of the Day 216: Selling Ice Cream to Kids
A group of parents in Brooklyn's Park Slope neighborhood want to ban ice cream vendors from parks. One parent wrote, “I should not have to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
2,191 new pages were added to the 2012 Federal Register last week, for a total of 19,487 pages. At this pace, the 2012 Federal Register…
Blog
TSA Trifecta
First, a TSA manager at Dulles airport has been arrested for running a prostitution ring. Second, two Miami TSA employees were arrested for trashing a…
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