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
Before Net Neutrality Eats the World (Part 2): An Alternative Case for Agency Neutrality
(Note: On Sept. 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s…
Blog
Labor Unions Blast Obama’s American Airlines-US Airways Merger Lawsuit
Last Tuesday, the Department of Justice and six state attorneys general filed suit to block the planned merger of American Airlines and US Airways. I…
Daily Caller
Study: Put regulators on a budget
The idea of a regulatory…
Blog
Judge Leon’s Lawless Durbin Amendment Debit Card Decision
Since Judge Richard Leon issued his shocking decision on July 31 that called for even more draconian price controls under Dodd-Frank's Durbin Amendment, some legal commentators…
Blog
Before Net Neutrality Eats the World, Part 1: Net Neutrality vs. Infrastructure Wealth
On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon's…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from D-Day reenactments to bio-fuel usage.
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