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…
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Newsletter
Union Bus Drivers, Fannie Mae Reform and Transportation Partnerships
In New York, bus drivers can take months of paid leave to recuperate from being spit on by passengers. The Obama…
Blog
More Bailouts for Corrupt Mortgage Giants: “More Aid Expected for Fannie, Freddie”
The bailouts are getting even bigger, for the most undeserving recipients. “More Aid Expected for Fannie, Freddie,” reports The Washington Post. The Obama administration…
Blog
California: Leading the Way in Failure
As one might expect of California, successful transportation public-private partnerships (P3s) face many government hurdles. In the early 1990s, the California Department of Transportation…
Citation
Obama’s Secular Socialist Legacy
Blog
Liquor Licensing Overhaul Brewing in NJ
Democratic Senator James Beach introduced a set of bills earlier this month that, if passed by the New Jersey state senate, will make it…
Blog
Corrupt Mortgage Giants Escape Reform: “Obama Administration Says Fannie, Freddie Reform ‘Too Hard'”
There won’t be any reform of Fannie Mae and Freddie Mac, the corrupt, government-sponsored mortgage giants that even Obama administration officials admit were at…
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