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
CEI’s Battered Business Bureau: The Week in Regulation
43 new regulations, from flood elevations to extra parentheses.
Blog
Reining in the Executive Branch Bureaucracy, Part 3: Make Regulations Transparent Like the Budget
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 2: Regulatory Benefits? Maybe Not
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of…
Blog
Target, Retailers Use Dodd-Frank to Skimp on Data Security
Chutzpah, thy name is the National Retail Federation! In the wake of the recent credit and debit card breach at Target that may have compromised…
Blog
The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
Blog
Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
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