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
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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…
Search Posts
Op-Eds
The Paul Ryan Vice Presidential Choice And The Other National Debt
No matter Mitt Romney’s running-mate candiate selection, cable news saturation of America for a couple days would have been and will be inevitable. Especially when…
Blog
Federal Register Breaks Record by 10,000 Pages
Today standing at 91,642 pages, the Federal Register is 10,000 pages higher than the prior all-time record.
Blog
Three Regulatory Reforms Congress Can Pass in the First Hundred Days
Here are three they should pursue in the new administration’s first hundred days.
Washington Examiner
Obama legacy: Most red tape in history, 35 days still left
Washington Examiner speaks with Clyde Wayne Crews on this year's record-breaking Federal Register's page count. According to regulation watcher Clyde Wayne Crews of…
Blog
A Free Market Policy Agenda for the Trump Administration
CEI’s free market policy agenda for the incoming Trump administration is aimed at strengthening the economy and removing barriers to economic freedom in five key…
Blog
How Ridesharing Platforms Help the Economy
We have been saying for a while that ridesharing platforms like Lyft are different from traditional transportation firms, not just in the technology they use,…
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