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
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…
Reason
Report: Federal Regulatory Compliance Costs $2 Trillion Annually
Reason cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “Federal regulation’s total compliance costs and…
Search Posts
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As Union Popularity Fades, A Fight For Power Threatens Michigan
The major focus on issues involving public sector unions right now is the current teachers’ strike in Chicago. Now that the strike is in…
Blog
Striking: Right Or Privilege?
As the Chicago teachers’ strike is entering its second week, Mayor Emanuel has pledged to seek an injunction with the court to force instructors back…
Blog
The Sad, Early History Of Railroad Regulation: From Subsidies To Nationalization
CEI has long made it its mission to highlight to downsides and dangers of economic regulation. One classic example is the experience with America's railroads…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new regulations, from DEA property seizures to place-of-origin requirements for wine.
Blog
Wisconsin Judge To Voters: “Drop Dead”
Who needs elections when you have judges? In Wisconsin, the voters have decided to reform their state's collective bargaining laws. They did so by, 1)…
Blog
Alcohol Regulation Roundup: Back To School Edition
Alabama: Up until last year brewpubs were illegal in Alabama due to a law that prevented beer being sold on the same site where…
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