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
Op-Eds
The Midnight Ride of Standard & Poor’s
Three cheers for Standard & Poor’s (S&P). On Monday, the rating agency issued a critical warning that America’s debt burden is growing too great. By…
NCPA
Regulation Day
National Center for Policy Analysis discusses regulation costs with Iain Murray and references Wayne Crews's study. Every year we are reminded how much…
Blog
A Market Failure in Air Traffic Control?
Air traffic control is simply too important an issue to leave to the free market. It is time to put the government in charge of…
NCPA
The ‘hidden tax’: Report estimates regulation costs economy $1.75 trillion
Washington Times
Red tape recession
The Washington Times reports on Wayne Crews's study on the federal regulatory burden. On Monday, the Competitive Enterprise Institute (CEI) released its analysis…
Newsmax
Hidden Tax’: Govt Rules Cost Economy Nearly $2 Trillion
Newsmax reports on Wayne Crews's study on the size of the federal regulatory burden. Even as politicians and pundits debate taxes and spending —…
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