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
Bhagwati on climate change — please, no
In today’s Financial Times, noted trade economist Jagdish Bhagwati strays again into the climate change debate – and he doesn’t apply his usually sharp…
Blog
Regulation of the Day 117: Hot Dogs
The AAP says hot dogs are a choking hazard for children. According to the data, Little Timmy is literally more likely to be struck by…
Blog
Credit CARD Act penalizes thrift and entrepreneurship; interchange fee controls would compound harm to consumers
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as…
Blog
Myths about Labor Myths
Sunday’s Washington Post features a supposed myth-debunking piece about organized labor that is so misleading that it’s hard to know where to begin driving…
Op-Eds
Credit Card Act Hits Cardholders, Entrepreneurs
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect and is being hailed as a boon for consumers.
Blog
Regulation of the Day 116: Doodling on Desks
Alexa Gonzalez, 12, was arrested and put in handcuffs for writing "I love my friends Abby and Faith. Lex was here 2/1/10 :)" on her…
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