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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West Nile Outbreak Warrants Pest Control — Pesticide Spraying Included
This year, Texas is experiencing its worst outbreak of the mosquito-transmitted West Nile virus ever. Fortunately, most people who get it won't suffer…
Blog
Regulation And The Setting Sun
Agencies are well-equipped for passing regulations, but not for repealing them. This becomes a problem as the years march on, and dusty old rules that…
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California’s Unconstitutional Proposition 37
Writing in the Daily Caller, legal commentator Walter Olson says that California's Proposition 37 is bad policy that will only enrich opportunistic lawyers:…
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Time To Extinguish Flame Retardant Hype
Flame retardants are making headlines these days thanks to an “exposé” — more properly characterized as an unsubstantiated smear campaign — published as a…
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Equal Pay Should Be For Equal Work, Not Unequal Work
Yesterday, I criticized the assumption that people should receive equal pay for unequal work, such as requiring the average woman to be paid exactly…
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When Wage Gaps Are Fair
When I and my wife first got married, she worked shorter hours than I did, and used her additional time outside the workplace for activities…
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