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
Barack Obama and Liberal “Good” vs. Freedom
There's a great op-ed by Shelby Steele in today's Wall Street Journal, called "Barack the Good". In it, Steele argues that "today's liberalism is focused…
Blog
“Are some reporters lying in their Toyota coverage?” my Canadian Free Press article
I’ve shown clearly that reporters are acting with reckless disregard for the truth in the Toyota sudden acceleration feeding frenzy since my Los Angeles…
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Public Employees’ Compensation Races past Private Sector Workers’
As union membership in government has outpaced that in the private sector, so has compensation. As the Washington Examiner reports: Compensation for…
Blog
Gene Patents Ruled Invalid
In a pretty remarkable move, the United States District Court for the Southern District of New York yesterday held that genes can not be patented…
Blog
Millions of Seniors to be Dumped from Health Plans Due to New Health Care Law
Two million seniors are expected to be dumped onto Medicare from company prescription medication plans, thanks to a poorly-vetted provision of…
Blog
CEI files amicus in Aussie bank case threatening national sovereignty
Headquartered in Melbourne, the second largest city of the land down under, National Australia Bank is firmly attached to its home country. The primary trading…
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