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
The Great Unanswered Question About the Eurozone
In a column for the FT today, Wolfgang Munchau lays out what may be the only plausible solution to the Eurozone crisis – for…
Blog
H-2A Visas: Open in Theory, Closed in Practice
[caption id="attachment_54582" align="alignleft" width="300" caption="An Immigrant Worker in Idaho"][/caption] “Our immigration problem’s not going away.” That was the title of my article for…
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CEI’s Battered Business Bureau: The Week in Regulation
70 new final rules, covering everything from Pell grants to underground storage tanks.
Blog
Law Professors: I’m Shocked to Find Gambling In This Casino!
Just as a character in Casablanca claimed to be shocked to find gambling in a casino, race-conscious employers typically deny that they considered race…
Blog
CEI Podcast for May 3, 2012: Paving the Way for Innovation and Job Creation
Unemployment remains stubbornly high, more than three years after the financial crisis hit. John Berlau, CEI’s Senior Fellow for Finance and Access to Capital, suggests…
Blog
Center-Right Coalition Calls For Credit Union Deregulation to Lift Lending
The recent viral video sensation "If I Wanted America to Fail" confirms that the regulatory state is a major focal point for the center-right…
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