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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Ensure Consumers’ Access to Bottled Water
Liberate to Stimulate Index Bottled water offers many important benefits— including portability, emergency applications, and convenience. The bottled water industry had been…
Study
Enhance Auto Safety
Liberate to Stimulate Index Automotive safety is the primary mission of the National Highway Traffic Safety Administration (NHTSA). In recent decades, however,…
Study
Improve Food Safety and Quality through Greater Information, Consumer Choice, and Legal Accountability
Liberate to Stimulate Index Few issues are as important to consumers as the safety and quality of their food—from microbial contaminants to…
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Protect Incentives for Pharmaceutical Innovation
Liberate to Stimulate Index In recent years, Congress has faced mounting public pressure to “do something” about the rapidly rising prices of…
Study
Avoid Hindering the Internet’s Evolution through Net Neutrality Regulation
Liberate to Stimulate Index In 2010, Congress failed to enact legislation authorizing the Federal Communications Commission (FCC) to enforce network neutrality rules.
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Advance a Global Pro-Trade Agenda
Liberate to Stimulate Index Increasing liberalization of world trade is a key factor behind the dramatic increase in global prosperity since the…
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