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
Washington Times
Employers Doubt Obama’s Vow of Less Red Tape
The Washington Times references Wayne Crews's study on the size of the federal regulatory burden. Mr. Kovacs noted that the Government Accountability Office…
Blog
Chicago Mayor Emanuel Gives Unions a Choice: Concessions or Layoffs
Leaders of government employee unions must be feeling lonely these days. Across the country, Democratic state and local elected officials — traditional union allies —…
Blog
Restricting Your Right to Superlatives: Anna Eshoo and the FCC
A California Democrat is seeking to expand the bureaucracy of the FCC in order to protect Americans from dropped calls. Rep. Anna Eshoo (D-Calif.)…
Study
Labor Unions and the Democratic Party
Full Document Available in PDF Recently AFL-CIO President Richard Trumka compared…
Richmond Times Dispatch
Fuel-Economy Standards Need a Warning Label
Blog
Costs and Benefits of Regulation
One of the major developments in regulation over the last 30 years has been the rise of cost-benefit analysis. At first, agencies squirmed and resisted.
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