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
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“Model” Foreign Aid Recipient Uses Foreign Aid to Repress Its Citizens
Ethiopia is considered a model recipient of foreign aid by international aid agencies, since it uses much of the aid on its people, rather than…
Blog
CEI Podcast — November 23, 2010: The Crusade Against Alcohol Energy Drinks
Baylen Linnekin, author of the recent CEI On Point "Extreme Refreshment Crackdown: The FDA’s Misguided Campaign Against Alcohol Energy Drinks" looks at the recent push…
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Morning Media Summary
Tech: Facebook censors, cracksdown on breastfeeding photos: “In one of the photos that keeps getting Emma Kwasnica’s Facebook account suspended, the Montreal-based mother…
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Unions’ Shifting Lame Duck and NLRB Agenda
With Democrats losing control of the House of Representatives and a substantial number of seats in the Senate, organized labor’s hopes of seeing its legislative…
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Obesity Letters Assume Parents Can’t See Their Children
A school district in Arizona is implementing a controversial program that has the world talking: they will be weighing students and sending notes home…
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Morning Media Summary
Tech: FCC chief on net neutrality: Trust me: “FCC chairman Julius Genachowski now finds himself caught between unfulfilled promises made to the tech…
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