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
Obama Health-Care Plan Destroys Cheap Health-Care Options, Raises Taxes, Breaks Promises
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by…
Blog
Standing Before the FCC Shouting Stop
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview.
Blog
Aggravated FCC Bureaucrat Knows Better than Us; Calls Petitioners “Sloppy”
Federal Communcations Commission broadband coordinator Blair Levin, charged with coming up with a “U.S. National Broadband Plan,” by February, says the 8,500 pages…
Newsletter
Broadband Plans, Saving Healthcare Dollars and Obama’s Diplomacy
The Federal Communications Commission drafts a “national plan” for broadband policy. The White House announces proposed healthcare cost-saving measures. President Obama continues to insist that…
Blog
Regulation of the Day 19: Fospropofol
The Drug Enforcement Administration, would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled…
Blog
Democrats Inconsistent on Senior Death Discount
White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also…
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