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
Official Time: Officially Outrageous
Would you be upset if you learned that your local tax dollars were funding a rival sports team in another state? Of course, but that, thankfully, is…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from phone bill formatting to food labels.
Blog
Intrade Is Only The Latest CFTC Outrage
Every so often, a government agency will do something so outrageous it will shock even even everyday critics of "big government," as well as draw…
Blog
Good Riddance! — SEC’s Schapiro Sabotaged Startup Law Supported By Obama
When President Obama appointed Mary Schapiro to head the Securities and Exchange Commission four years ago, I kept an open mind and was even cautiously optimistic.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
32 new regulations, from dehumidifiers to solid waste.
Forbes
Regulatory Uncertainty Drives A Fish Farmer To Foreign Waters
Feeding 7 billion people is no small challenge. As it has from time immemorial, high quality protein harvested from the sea plays a major role…
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