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
Government should spend nanodollars on nanotechnology.
At least that’s how my former colleague Tom Miller, now at the American Enterprise Institute, used to put it. Still another government/business funded report,…
Blog
Will Obama Recess-Appoint Becker?
With the nomination of former SEIU associate general counsel Craig Becker to the National Labor Relations Board (NLRB) most likely dead in the Senate, the…
Blog
Regulation of the Day 113: Throwing Snowballs
Two students at James Madison University in Virginia were charged with felonies for throwing snowballs at a snowplow and an unmarked police car.
Blog
Federal Government Shuts Down Due to Snow
There is great wisdom in Mark Twain’s famous adage: “No man's life, liberty, or property are safe while the congress is in session.”…
Blog
Regulation of the Day 112: Importing Pork Rinds
The federal government is loosening its restrictions on importing pork rinds from Brazil.
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Regulation of the Day 111: Buying Wine in New York
It is illegal for grocery stores to sell wine in the state of New York. Only liquor stores are allowed to sell the stuff.
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