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…
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Newsletter
Stimulus Showdown, New SEC Rules and Obama’s Labor Pains
Aides on Capitol Hill prepare for negotiations between House and Senate versions of the economic stimulus bill. New Securities and Exchange Commission chair Mary Schapiro…
Blog
Broadband Stimulus Cut
Bloomberg is reporting that an agreement on a stimulus package has been reached in the Senate. Included in the compromise was…
Blog
Should the Anti-Stimulus Package be tan or beige?
President Obama more than once last week called it “inexcusable” for Congress to get “bogged down in distraction, delay or politics as usual” over the…
Blog
Today’s Gift to Big Labor
Even as the nomination of Hilda Solis for Labor Secretary remains stalled due to tax and potential ethics rules troubles, organized labor got a…
Blog
Senate Broad Stimulus & Avoiding Federal “Strings”
Aside from the fact that the Senate lacks the necessary votes to pass its version of the stimulus, the bill does…
Blog
Obama’s New Appliance Efficiency Mandates, Consumers Better Run For Cover
President Obama today announced that he is pressuring the Department of Energy (DoE) to speed up some long-delayed efficiency standards for appliances. His move…
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