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
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Bipartisan Dodd-Frank Derivatives Deregulation Advances In House — And Main Street Cheers
This afternoon, members of the House Agriculture Committee with strikingly different views on many issues came together to provide much need regulatory relief from the…
Blog
Obamacare Harms Colleges And Their Employees
The University of Virginia is expecting a roughly $7-million bill for Obamacare's new employer penalties, said Susan Carkeek, the University's vice president and…
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What Cyprus (Initially) Got Right — Remembering The 2008 WaMu Capital “Run”
There's no shortage of criticism of the Cyprus "bail-in" -- the one-time tax the government had proposed levying on insured and uninsured depositors to rescue…
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from financial management courses to de-icing planes.
Blog
Dallas Fed’s Fisher And CPAC’s Fishy Too-Big-To-Fail Event
If the Conservative Political Action Conference’s (CPAC) organizers wanted a speaker or panel on the causes of the financial crisis and what to do about…
Blog
Lobbying Can Be A Great Investment
Not only did health insurers convince the government to require everyone in the country to buy their products, now their premiums will go up sharply,…
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