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
Forbes
The Significance of Sen. Al Franken’s Call to Impose Net Neutrality on Google, Facebook and Amazon
Antitrust and technology market regulatory interventions are staging a comeback, even in the era of President Donald Trump’s push for broad…
Blog
Experimental Tech Helps Get Puerto Rico’s Telecom Services Back on Line
The freedom to try something without getting explicit and advanced permission from regulators is what allows innovations to be tried, tested, and either integrated or…
Reason
Trump’s Deregulatory ‘Juggernaut’?
Reason cites Wayne Crews’ “Red Tape Rollback.” “While the Republican machine that emerged from the 2016 election may be sputtering on other fronts,” The Wall Street…
Forbes
The Internet of Things Wants to Know Where Its 5G Is
A major pledge of the Trump Administration was cutting red tape and boosting America’s infrastructure. Ten months in, there are lots of moving parts to…
The Daily Caller
Trump Continues Successful Deregulatory Blitz with Repeal of CFPB Rule
In an op-ed for The Daily Caller, Edward Woodson cites “10,000 Commandments.” The stock market is booming. Unemployment beneficiary numbers have fallen to a …
National Review
The Criminal-Justice Reform No One’s Talking About
Rafael A. Mangual, writing for National Review, cites Wayne Crews’ “Unconstitutionality Index” when talking about criminal justice reform. In early October, Senate Republicans introduced three bills…
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