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
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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…
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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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This Week in Ridiculous Regulations
Congress finished the year with a bang. In a two day span the House impeached the president and passed the USMCA trade agreement. Both chambers…
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Sugarplums or Lumps of Coal? White House’s 192 Big Rules in Pipeline Herald More Regulation than Deregulation
No matter the presidential administration, every year there are thousands of federal rules and regulations compared to a relative handful of laws passed by Congress.
Blog
What Regulations Did Trump Administration Add in 2019?
The Trump administration recently issued “Regulatory Reform Results for Fiscal Year 2019.” This is its fiscal year 2019 status update on the one-in, two-out directive initiated in Executive…
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This Week in Ridiculous Regulations
Britain held a major election, and the U.S. House of Representatives is set to impeach President Trump. At the same time, Trump is poised for…
Blog
This Week in Ridiculous Regulations
The House began preparing articles of impeachment, President Trump announced new tariffs against three allies, a NATO summit was surprisingly contentious, and the federal government…
Blog
What Regulations Did the Trump Administration Eliminate in 2019?
The Trump administration has issued its fiscal year 2019 status update on one-in, two-out. It’s called “Regulatory Reform Results for Fiscal Year 2019.” According to…
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