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
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Search Posts
Blog
Give & Take: Fifth Amendment Complicates Net Neutrality
Opponents of net neutrality, including the Competitive Enterprise Institute, have pointed to numerous grounds upon which the detrimental scheme could be challenged. These…
Blog
CEI Weekly: The History of Environmentalism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's RJ Smith in his own short film on the…
Newsletter
Online Gambling, Offshore Drilling and the Complexity of Obamacare
The House Financial Services Committee passes the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. Today the House of Representatives will vote on an energy…
Blog
Understanding the Health Care System
Check out this flow chart of what the health care system will look like once Obamacare is implemented.
Blog
A tort reform advocate’s dream, my article in Forbes.com
It’s a tort reform advocate’s dream–meaning a defendant’s worst nightmare. As I write in my Forbes.com article, “California Trial Lawyers Find A Geezer Goldmine,”…
Blog
Jim Hood: Another of the Nation’s Worst State Attorneys General
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried…
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