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
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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…
Reason
Report: Federal Regulatory Compliance Costs $2 Trillion Annually
Reason cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “Federal regulation’s total compliance costs and…
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The Other Scandal In Unhappy Valley
So it turns out that Penn State has covered up wrongdoing by one of its employees to avoid bad publicity. But I'm not talking about…
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Regulation Roundup
Britain bans starting pistols from track meets, plus more.
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Rent-Seeking In The Apple Industry
A small food company in Canada has grown an apple that doesn’t turn brown after being sliced. Not everyone thinks it’s a great idea.
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Alcohol Regulation Roundup: Friday The 13th Edition
Happy Friday the 13th, everyone! Remember: raise your glasses with extra care this evening. Connecticut: In a continued effort to remain competitive with alcohol…
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Financial System Continues To Not Collapse On JPMorgan Chase Earnings Report
As was was widely reported this morning, JPMorgan Chase today released its quarterly earnings statement, disclosing $5 billion of net income after accounting for a…
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FDA Delay Likely Killed Thousands, Imposed Billions In Costs
The FDA didn’t approve a home test for HIV until 24 years after it first received an application. According to an FDA advisory committee,…
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