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
Law 360
GOP’s Swing At Dodd-Frank Could Give Banks Edge In Court
Law 360 discusses eliminating the Cheveron deference with William Yeatman. Backers of such moves say there are both principled as well as political…
Blog
Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers
When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Last week’s Federal Register fell short of 2,000 pages, mainly because it was a four-day work week due the Memorial Day holiday. While the Federal…
Cato Unbound
The Administrative State Lacks Its Own Justification: Expertise
Legitimacy notwithstanding, we tend to discuss the administrative state as if it is a functioning expert entity, taking expertise in its divisions for granted. But…
Daily Caller
Feds Publish Over 2,000 Pages Of New Regs In ONE WEEK
The Daily Caller discusses new rules published in the Federal Register with Ryan Young. The Obama administration has been busy implementing what remains…
Blog
Inequality: Policies That Work, and Policies That Don’t
CEI recently released a pair of papers by Iain Murray and me about economic inequality. The first encourages activists to ask the right questions: think…
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