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
Court Ruling Broadening Americans with Disabilities Act Will Harm Taxicab Safety and Cost Hundreds of Millions
A federal judge last month barred New York City's “Taxi and Limousine Commission from issuing permits for taxicabs unless they're accessible to people who…
Citation
William Yeatman: Politics and the Keystone Pipeline
William Yeatman: Politics and the Keystone Pipeline…
Daily Caller
Obama is Ignoring His Own Jobs Council Recommendations
The Daily Caller discusses the federal regulatory burden with Wayne Crews. An analysis of just this year’s new regulations — and we’re only…
Blog
War on Drugs Keeps Badly Needed, Perfectly Legal Medicine Away from Sick People
Sick people, like those suffering from narcolepsy, are suffering from a manufacturing shortage of Adderall. That shortage was caused by the Drug Enforcement Agency,…
Blog
CEI Podcast for January 18, 2012: Dropping the SOPA
Wikipedia, Reddit, and other popular websites all went black today to protest SOPA and PIPA, two bills currently before Congress. Critics charge that the bills…
Blog
John Kay on the Market Economy
In a truly excellent column for the Financial Times today, John Kay lays out in a few hundred words a clear defense of the…
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