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
A History of Interstate Commerce Part 2: Rebels Without a Clause
The Articles of Confederation, which preceded the Constitution, lacked a Commerce Clause. The federal government had no power to regulate commerce among the states. That…
Blog
FCC v. Fox Television: Protection Against Vague Laws Applies to Civil Cases and Protects Businesses
Past Supreme Court rulings like FCC v. Pacifica (1978) allow the federal government to ban "indecency" in broadcasting, and give the government a freer…
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Supreme Court Rules against Union Forced Speech
Thomas Jefferson said that, "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and…
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Government Unions Stall San Diego Pension Reform
Collective bargaining privileges are facilitating the San Diego Municipal Employee Association’s (MEA) ability to wreak havoc over voter-approved pension reform. These privileges elevate union special…
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A History of Interstate Commerce Part 1: Neither Interstate Nor Commerce
The Supreme Court’s impending decision on the constitutionality of the health care bill’s individual mandate presents a golden opportunity to review the history of the…
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Google and Antitrust: Economic Liberty in the Balance
Way back when the DOJ brought an antitrust suit against Microsoft in 1990s, Milton Friedman had this to say to The Wall Street…
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