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
Cell Phones Don’t Cause Cancer
Over at the Daily Caller, I debunk the fear that long-term cell phone use can cause brain tumors.
Blog
Readers Contest Factcheck.Org’s “Oil Spill, Foreign Help, and the Jones Act”
FactCheck.org argued that the Jones Act, which ordinarily bans both foreign ships and foreign crews from working in U.S. waters, did not interfere with foreign…
Citation
With Debt, Deficit Come More Red Tape
Newsletter
A Beer Stimulus, Comcast Merger Questions and Urban Beekeeping
A proposed “Beer Stimulus Bill” would reduce the federal excise tax that small brewers must pay. Yesterday lawmakers conducted a field hearing questioning “Who Benefits?”…
Blog
New “stimulus plan” brewing in Congress
It is actually less of a “stimulus” plan and more of a “get government out of the way and stop inhibiting growth” plan. A bi-partisan…
Blog
In Defense of Urban Beekeeping
Beekeeping is an ancient human practice, with some anthropological evidence suggesting that primitive forms of honey bee domestication go back more than 4,000 years. Apiarists…
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