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…
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Op-Eds
Unhappy Days Are Here Again
“The American people voted for change and they voted for Democrats to take our country in a new direction,” said a triumphant Nancy…
Op-Eds
Friedman’s Legacy
Though I never met him, Milton Friedman, who has died aged 94, was one of the earliest influences on my political development. In…
Op-Eds
The Unboring Pundit
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> John Tierney's Tuesday column began innocently enough. He…
News Release
Election Wins for Sarbanes-Oxley Reform
Washington, D.C., November 14, 2006—Reform of the onerous Sarbanes-Oxley accounting mandates was a winning issue for Democratic and Republican candidates in the election of 2006,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. BUSINESS Representatives of corporate America convene in New York to talk about “social responsibility.”…
Op-Eds
Lifestyles of the Ethical Consumer
Recently, the celebrity gossip blog, DMZ, took a swipe at celebrities “who claim they’re green, but guzzle gas”. George Clooney, among others,…
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