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
Reason
The DOJ Shouldn’t Reignite the Fight Against Intrastate Gambling
Reason cited research by Senior Fellow Michelle Minton on state gambling regulations and the Department of Justice. Research into a history of the Wire…
The Washington Examiner
Oil and Ethanol Industries Renew Hostilities Over Mandate
The Washington Examiner cited CEI’s Agenda for Congress, regarding the EPA’s ethanol mandate: The mandate requires refiners to blend a range of biofuels…
The Washington Times
Go Ahead and Prosper
The Washington Times cited President Kent Lassman and CEI’s report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress: The Competitive Enterprise…
Blog
Agenda for the 116th Congress: Regulatory Reform
The first chapter in the new Competitive Enterprise Institute agenda for Congress, “Free to Prosper,” is on regulatory reform. Most of the Agenda is about reforming…
Forbes
Working Together, We Can Keep Country People off the Internet (Just Kidding; Jumpstart 5G This Way)
A buddy of mine living in Charlottesville was wishing for more subsidized rail to travel to Washington. I told him it was cheaper for me…
Daily Caller
Conservatives Give Congress their Top Ten Energy Priorities for 2019
The Daily Caller cited CEI’s report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress: Free-market think tank the Competitive Enterprise Institute (CEI)…
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