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
News Release
Cost of Government Day
The Deadly Cost of Fuel Economy Regulations Statement of Sam Kazman, General Counsel Competitive Enterprise…
News Release
White House Listening on Regulatory Reform
Washington, DC, June 29, 2001 — With the fight over taxes over for now, the Bush Administration may soon be taking a hard…
News Release
Federal Court Dismisses Alcohol Advertising Case
Washington, DC, June 26, 2001— A federal district court last week dismissed a challenge to a federal agency’s ban on advertising the medical…
News Release
Little-Known Regulations Contribute to Cost of Government
Washington, DC, June 19, 2001 — Many American know that they must work, on average, from January 1 to May 3 (Tax Freedom…
News Release
Benefits of Moderate Alcohol Consumption to Get Their Day in Court
Washington, DC, June 11, 2001— The Competitive Enterprise Institute and Consumer Alert will present their case for freedom of speech in alcohol labels…
News Release
Statement from CEI President Fred Smith Regarding New CBO Report on Fannie Mae and Freddie Mac
Washington, DC, May 23, 2001 – The latest figures from the Congressional Budget Office indicating that Fannie Mae and Freddie Mac receive more than $10…
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