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
Federal Register Adds 1,177 Pages, Hits 7th Highest Ever Count
We noted here on November 1 that the Federal Register is on a roll, hitting 76,270 pages, the 8th highest level ever.
Blog
A Federal Register Growth Spurt, Third Day of Record-Breaking Streak
The Federal Register is on a roll. On Friday, it hit 75,314 pages, the 10th highest level of all time, even though more than two…
Washington Times
Obama on pace for a legacy of most red tape
The Washington Times reports on Wayne Crews's blog post on the 2010 Federal Register's page count. The Obama administration is on a course…
Blog
A Monster Federal Register This Halloween
Today, the 2016 Federal Register stands at 75, 670 pages, the 9th highest “yearly” count of all time—but it’s only Halloween.
Blog
5 Scariest Halloween Regulations
Regulatory dark matter is a Washington boogeyman. In 2015, there were 39 regulations for every one law passed by Congress. That’s a lot of rules…
Washington Examiner
Obama set to break red tape record
Washington Examiner reports on Wayne Crews's report on this year's record breaking Federal Register. President Obama's regulatory freight train is crashing through even…
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