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…
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New Era, or ‘Ancien Régime,’ for European Biotech?
The long-awaited World Trade Organization (WTO) decision on biotech food is due to be released this spring, but a leaked copy of the…
Products
Time to End Big Sugar’s Sweet Deal
Sugar is already shaping up to be a contentious issue in upcoming debates on the 2007 omnibus farm bill. The call for dismantling…
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Accountability, Power, and Our CAP Project
Violations of the Constitution come in all shapes and sizes. Many of you may be familiar with the Tobacco Master Settlement Agreement (MSA), which CEI…
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Animal Rights, Human Wrongs
Animal rights extremists—whom the FBI has labeled America’s biggest domestic terrorism threat—have encountered a number of serious reverses recently. These reverses are a great victory…
Products
CEI Planet: March – April 2006
Full Document Available in PDF New Era, or ‘Ancien Régime,’…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL State attorneys general ask the Supreme Court to step into a dispute over the states’ 1998…
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