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
What White House ‘Deregulation Day’ Can Do for Finance and Banking
On Monday the Trump Administration is launching the first ever Deregulation Day, highlighting the benefits of an America liberated from bureaucracy.
Blog
Taxes, Welfare, and Economic Inequality
At a time when comprehensive tax reform is dominating news headlines, concerns about income inequality and the distributional effects of future tax changes are again…
Reuters
Beyond the Daily Drama and Twitter Battles, Trump Begins to Alter American Life
Reuters discusses President Trump’s regulatory rollback with Wayne Crews. Even without delivering on his biggest campaign promises, President Donald Trump has begun to…
Blog
No Reason for Denying Puerto Rico a Jones Act Waiver
The Trump administration should immediately grant a Jones Act waiver to Puerto Rico and Congress should fully repeal the maritime cabotage prohibition.
Blog
Shining a Light on Bureaucratic ‘Dark Matter’
Federal agencies produce guidance documents, proclamations, memoranda, bulletins, circulars, letters—all with the force of the law but with no oversight from Congress.
Reason
How Congress Can Use an Obscure Law From the 1880s to Limit Wasteful Government Contracts
Reason covers the release of Bureaucratic Dark Matter by Robert J. Hanrahan Jr. When the U.S. Army got caught spending $76 million on video games, recruitment…
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