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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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…
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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…
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National Review
Obama Mandates a Market for His Green Cars
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Rail Carriers, Shippers Battle Over Regulation Before the Surface Transportation Board
On behalf of the Competitive Enterprise Institute, I've been involved in an ongoing proceeding before the Surface Transportation Board, the independent Department of Transportation agency…
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A Definition of Unsustainable: The Long-Term Budget Outlook
The Congressional Budget Office has released its latest edition of the Long-Term Budget Outlook, and it makes for grim reading. Federal debt is currently…
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What Unions Could Learn from AARP
Last week the American Association of Retired Persons (AARP) announced a major policy shift regarding Social Security. Formerly seen as the largest opponent to…
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Stealing You Blind: Plans for Future Theft
One of the themes of Stealing You Blind is how public sector unions have worked with politicians to organize an industrial-scale transfer of wealth…
National Review
Catching Air Without NASA: How Will We Regulate Commercial Space Flight?
What if having a vibrant space program requires bypassing NASA? There exist great pressures for change despite NASA’s signature successes. The private experimental launches…
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