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
News Release
SEC Set To Over-Regulate Mutual Fund Industry With Vote on June 23
***MEDIA ADVISORY***<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> SEC Set To Over-Regulate Mutual Fund…
News Release
Ad Schemes Bring Retailers Bad Publicity
News Release
Keeping Busy: Federal Regulators Issued Over 4,000 Rules in 2003
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, DC, June 16, 2004—While Washington rule makers made 19 fewer regulations in 2003 than they…
Business Journal
Feds Added 4,148 Rules in ’03
News Release
Bush Administration Makes Right Decision on Phone Competition
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, DC, June 9, 2004 – Today the U.S. Solicitor General's office announced it will not…
Op-Eds
If You Really Want to Reduce Gas Prices, Here’s How
Despite claims to the contrary, there is not much the federal government can do about high oil and gasoline prices in the short-term. Indeed, given…
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