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
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Senate Leaders Violate Constitution in Pushing Through Costly Food Safety Modernization Act
The House and Senate passed different versions of the Food Safety Modernization Act, which would ratchet up costly regulations of farms and food processing. (Greg…
Blog
Homeland Security Violating Due Process and Free Speech In Internet Power Grab?
Law professor David Post notes that the Department of Homeland Security is seizing entire domain names, not to protect national security, but to enforce…
Blog
Colorado to Ban Light & Low-Calorie Beer in Bars?
Next year bars and dine-in restaurants in Colorado might be forced by law to stop selling light, low-calorie, and low-alcohol beers. Any beer…
Blog
Federal Register Hits 75,000 Pages
At its current 327-page per day pace, the 2010 Federal Register would be 81,560 unadjusted pages long.
Blog
Morning Media Summary
Tech: Google To Punish No-Good Sites With Revised Search Ranking: “Google’s method of ranking of search results took a hit last week in…
The Cleveland Plain Dealer
Do You Really Want the IRS to Do Your Taxes?
Appeared In: The Centre Daily, The Cleveland Plain Dealer, Smart Pros, The Sun News, The New Hampshire Union Leader,…
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