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
News Release
CEI to FCC: Don’t Strangle Broadband Industry
The Competitive Enterprise Institute this week filed comments advising the Federal Communications Commission on how best to proceed with its plan for a national…
News Release
Bank Chairman to Speak Out on Banking Crisis and Capitalism at CEI 25th Anniversary Gala
This Thursday evening John Allison, Chairman of BB&T Bank, will deliver the keynote address at the Competitive Enterprise Institute’s 25th Anniversary Gala. Allison will…
Blog
Stimulus Package Kills Jobs, Drives Up Unemployment
Unemployment is now even higher than the Obama Administration said it would be if there were no stimulus package. At least 1.5 million…
Blog
Illegal Takeover of Chrysler: Pension Funds Have Standing in Indiana State Police Pension Trust v. Chrysler, LLC
Earlier, I wrote about the Indiana pension funds’ challenge to the Obama Administration’s plan to effectively give Chrysler to the UAW Union, while cheating…
Blog
Regulation of the Day: Drawbridge Schedules in Sturgeon Bay, WI
Today’s Regulation of the Day comes to us from the Department of Homeland Security (208,000 employees, $52 billion 2009 budget).
Newsletter
Chrysler in Court, the Costs of Regulation and a Global Tax on Airline Travel
A federal appeals court refuses to block Chrysler’s bankruptcy reorganization and sale to Fiat. A new study finds that compliance costs for federal regulation reached…
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