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
Forbes
Ma Bell’s Long Legacy of Unsustainable Pensions Is Alive and Well
“Communism,” comedian Lenny Bruce once quipped, “is like one big phone company.” This dated joke refers to the monolithic phone company known as “Ma Bell,”…
Blog
Supreme Court Begins Hearing Challenges to Unconstitutional Obamacare Provisions
At CNN, George Mason University law professor Ilya Somin explains why Obamacare's requirement that individuals buy health insurance is beyond Congress's power…
Blog
The $400 Pizza
The reason it cost $400 was not because of restaurant business practices but because of television labor practices.
Blog
Department of Labor Companionship Rule Doesn’t Comply with Best Practices
Last Wednesday, Office of Information and Regulatory Affairs (OIRA) Administrator Cass Sunstein sent a memo to executive agency heads concerning the cumulative effects of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
75 new final rules were published last week, up from 72 the previous week. That’s the equivalent of a new regulation every 2 hours and…
Blog
Agricultural Innovation in the 21st Century: CEI on Capitol Hill
On Monday, I’ll be speaking at a Capitol Hill event sponsored by Americans for Choice and Competition in Agriculture, which also…
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