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
Third-party reviewers expand permitting capacity without expanding government
Housing permitting reform has become one of the few housing policies to attract support across the political spectrum. States as politically diverse as…
Blog
The week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
Blog
The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
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Washington Free Beacon
Report: Reducing Regulatory Agencies’ Authority Could Boost Economy, Increase Job Creation
The Washington Free Beacon covers CEI’s latest publication Shrinking Government Bureaucracy. Reducing some of government’s regulatory agencies’ authority could boost economic growth and…
Washington Examiner
Shock: Bill for Regulations Higher than Taxes to Uncle Sam, $3.7T Total
The Washington Examiner discusses the Treasury’s record-breaking tax revenue with Wayne Crews. American taxpayers and corporations not only paid a combined record $1.85…
Blog
Shrinking Government Bureaucracy in Turbulent Times
We need to ponder what the executive branch we deserve looks like and how it aligns with our Constitution and statutory limitations.
Forbes
How Many Rules And Regulations Do Federal Agencies Issue?
With Congress on summer vacation, it’s an appropriate time to reflect on the number of laws it passes vs. the number of rules and regulations…
Blog
Record Federal Income Tax Receipts Still No Match for Cost of Regulation
Corporate income taxes collected by the U.S. government, estimated as noted at $278 billion for 2017, are dwarfed by regulatory costs.
Study
Rethinking the Department of Commerce
View Full Document as PDF The Department of Commerce’s mission statement is a charter for government interference in markets. It employs 47,000…
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