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
Forbes
Who Will Own the Infrastructure in the Smart City?
There is great enthusiasm for the smart city concept. Integration of autonomous vehicles, drones and networked communications are expected to manage congestion, lead to fewer…
InsideSources
How Trump Is Laying Regulations to Waste
InsideSources covers deregulation under the Trump administration. President Donald Trump has taken an aggressive approach in his push to rollback regulations, begging the question…
The Washington Examiner
Trump Budget Chief Shuts Down Consumer ‘Protection’ Bureau ‘Slush Fund’
The Washington Examiner covers the review of the Consumer Financial Protection Bureau’s ‘slush fund.’ An educational “slush fund” used by the Consumer Financial Protection…
Blog
All Agency Guidance Invalid Unless Submitted to Congress
We urgently need a catalog of guidance documents that were actually submitted to Congress and the Government Accountability Office as required. …
Forbes
The Consumer Electronics Show and Public Policy: Can There Be Separation of Tech and State?
The buzz and pre-show anticipation have begun for the 2018 Consumer Electronics Show(#CES2018) hosted by CTA, the …
Reason
Regulations at ‘Lowest Count Since Records Began Being Kept in the Mid-1970s’
Reason covers year-end analyses of deregulation under President Trump. As the economy and stock market continue to chug along nicely, many analysts and presidents are giving…
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