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
Lessons On Regulatory Reform: The United Kingdom
In 2001, the United Kingdom passed the “Regulatory Reform Act” which allowed a government minister (similar to the head of a government agency in…
Blog
Washington Examiner: “Congress: Obamacare To Boost Premiums To $7,186 — A Year”
Paul Bedard of the Washington Examiner reports on massive premium increases due to Obamacare: Health insurance companies, facing new and costly rules and…
Blog
Obama’s Immigration Bill Forces Employers To Pay Illegal Immigrants
Nothing in this headline is a typo or an exaggeration. President Obama’s recently-leaked Comprehensive Immigration Reform Act of 2013 would require employers to employ…
Blog
Costco CEO Favors Minimum Wage Hike
An overlooked argument in the minimum wage debate is that a high minimum wage gives big businesses an artificial competitive advantage over their smaller competitors.
Blog
Making The FCC More Transparent
If there's one thing the regulatory state could use more of, it's transparency. In today's ?Washington Times?, I shine a little light on the FCC:…
Washington Times
Who Regulates the Regulators?
In Beltway terms, the Federal Communications Commission’s $350 million budget request for 2013 is practically a rounding error. Yet it costs the American people a…
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