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
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Blog
Celebrate National Small Business Week
There is no better way to celebrate National Small Business Week than for the Trump administration to rollback red tape that discourages business formation and…
New York Times
Fact-Checking President Trump Through His First 100 Days
The New York Times reports on President Trump highlighting CEI’s estimated cost of regulation from Wayne Crews’ annual Ten Thousand Commandments report. During…
Forbes
New Trump Executive Order Seeks To Boost Agriculture And Rural America
“My farmer died.” —Punchline to the old joke about why a USDA employee is weeping at his desk The ratio of number of farmers…
Blog
This Week in Ridiculous Regulations
While most of the week’s new final regulations are either routine or procedural, they still range from rural phone calls to airplane batteries.
National Review
Trump’s 100 Days Have Made a Good Start on Regulation
National Review highlights Wayne Crews’ calculated cost of regulation from his annual Ten Thousand Commandments report. While a regulatory improvement commission would help…
Forbes
New Trump Executive Orders Spotlight Interior And Education ‘Regulatory Dark Matter’
Executive orders and proclamations expanding the scope of Washington over the nation’s business characterized much of the Barack Obama presidency. The former president himself–not just…
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