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
That Was Fast: Stimulus Passes House
The House of Representatives has just passed the $800-billion stimulus package which President Obama hopes to make a centerpiece of his administration’s early economic…
Newsletter
Stimulus to Nowhere, Banning Cell Phone Cameras and More Money for Ethanol
Republicans on Capitol Hill attack the $825 billion economic stimulus bill championed by President Obama. Rep. Peter King (R-NY) introduces legislation to ban silent cell…
Blog
DeMint’s Smaller-Government Stimulus
This week, Senator Jim DeMint (R-S.C.), in response to President Obama’s stimulus plan, announced his own alternative stimulus package, which David Weigel, at the Washington…
Blog
Kiss Off to Consumers
The appropriations portion of the House stimulus bill is not the only legislation with bad ideas. The House Energy and Commerce Committee has also marked…
Blog
Green Pork
In addition to tens of billions of dollars in the House stimulus bill for infrastructure and other projects to create jobs, there are also funding…
Blog
Apparent Hold on Solis Nomination
The confirmation of Rep. Hilda Solis (D-Calif.) as Labor Secretary has run into an unexpected delay, as an unidentified Republican senator appears to have…
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