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
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Obamacare: Constitutionality Argument Misses the Point Entirely
Conservatives are ebullient over the unexpected hostility and skepticism the government's lawyers faced from the Supreme Court Justices over the three days of hearings on…
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No to Broccoli Mandate, Yes to Health Insurance Mandate?
Over at the Daily Caller, I go over some possible explanations for the different results and conclude:…
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Obamacare Harms State Finances, Imposes Unfunded Mandates, Drives Up State Budget Deficits; Even Democrats Criticize Provisions
While public attention has focused on Obamacare's unconstitutional "individual mandate," challenged yesterday in oral arguments at the Supreme Court, other parts of the health…
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The FCC’s Concern for Competitors, not Competition
Last week, the Senate Judiciary Antitrust Subcommittee held a hearing on Verizon Wireless’s proposed purchase of spectrum from Cox Wireless and SpectrumCo. The spectrum…
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Congressional Blowout Over Cosmetics Law Reform
Today, the House Energy and Commerce Subcommittee on Health held a hearing on cosmetics regulation to consider whether Congress should beef up federal…
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Regulation of the Day 215: TacoCopter
A group of Silicon Valley entrepreneurs has found a peaceful use for unmanned attack drones that almost everyone can support: delivering food to hungry people.
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