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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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…
Search Posts
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Shutdown edition: 3 new regulations. Two Coast Guard safety zones and a catch limit for herring.
Blog
Loosened Laws in New Jersey Result in Brewery Boom
Only a year after New Jersey Governor Chris Christie signed a bill into law that would allow breweries in the garden state to sell beer…
Blog
CEI Podcast for October 17, 2013: Supreme Court to Review EPA Carbon Emission Regulation Lawsuit
CEI is a co-petitioner in the case.
Blog
More than a Third of House Dems Oppose Obama’s American-US Airways Merger Lawsuit; What Real Pro-Competition Policy Looks Like
Bipartisan opposition to the Obama administration’s reckless assault on the pending merger of American Airlines and US Airways is growing. While the end of the…
Blog
The Shutdown Is Over: What Now for Regulation?
The next day or two will also be slow ones for the Federal Register. But then there will be a flood of new rules as…
Citation
Regulatory overreach is the new normal
The Federal Register lists proposed and final rules, notices, corrections and presidential documents. According to the Competitive Enterprise Institute, the 1939 Federal Register was 2,620…
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