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
Regulatory Problem, Regulatory Solution?
A dying patient in the UK's NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. Had…
Blog
Washingtonian mag: Stern is “union boss number one”
The current issue of Washingtonian magazine features a long, fairly in-depth interview with Service Employees International Union (SEIU) President Andrew Stern, whom author Chris…
Blog
“We’re twisting arms. We’re threatening people.”
So said United Teachers of Los Angeles President A.J. Duffy at a rally, which reason.tv now makes available in a new video on public…
Blog
“How a pit bull is like a Prius,” my Philly Inquirer article today
What could pit bulls possibly have in common with Toyotas? Pit bulls, after all, tend to be smaller and furrier. And whatever you do, never…
Blog
$800 Billion Stimulus Package Doled Out Based on Politics; Districts with High Unemployment Were Shafted
“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in…
Blog
How to Fix Immigration’s Black Market
Alex Nowrasteh and I have a piece in today's Detroit News arguing that liberalization, not regulation, is the way to shrink immigration's massive black market.
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