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
Congressional Research Service Misinterprets Monetary History
Last month, the Congressional Research Service released a report on Bitcoin analyzing the structure of the network and its implications, if any, on monetary policy. The…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
38 new regulations, from job descriptions to Cape Sable thoroughworts.
Blog
Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes
In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler's strongest endorsement yet of net neutrality, he said: Public policy…
Blog
CEI Podcast for January 9, 2013: Reining in Sue and Settle with the REDO Act
A bill called the REDO Act, which comes up for a House vote today, would limit a practice called sue and settle. Sue and settle…
Blog
Loss of Economic Freedom Takes a Toll on Small Businesses
The 2014 edition of the Heritage Foundation/Wall Street Journal Index of Economic Freedom is set for release next week, and for America, the news…
Blog
CEI’s 2014 Unconstitutionality Index: 56 Regulations for Every Law
Every now and then one sees a cute article like this Los Angeles Times piece lamenting that Congress is "ineffective" because…
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