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
WND
Obama sets new record for regulations: 527 pages in 1 day
WND speaks with Wayne Crews on President Obama's record-breaking regulatory year. President Obama on Thursday set a record for the most pages of…
Blog
Which of Obama’s Midnight Regulations Will Get Rolled Back?
Yesterday, House Majority Leader Kevin McCarthy (R-Calif.) and every Republican House Committee Chairman sent a one-paragraph letter to all executive agencies cautioning them “against finalizing…
Forbes
Obama’s Midnight Regulations To Get Increased Scrutiny From Congress And Trump
House Majority Leader Kevin McCarthy (R-California) and other Republican leadership members just sent a letter to Obama administration regulatory agency heads telling them to…
Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative…
The Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative state…
Bloomberg BNA
Will Trump Stand in Way of Regulatory Reform?
Bloomberg BNA speaks with Ryan Young on how the Trump administration and Congress can bring regulatory reform. Trump himself has repeatedly promised to…
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