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
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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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…
Blog
Ghouls and Goblins and Guidances
You could consider CEI to be the Ghostbusters of Washington, fighting back ghouls and goblins on both sides of Pennsylvania Avenue.
The Federal Times
Politics Divide Regulatory Reform Efforts
The Federal Times covers the House Oversight Committee’s “Regulatory Reform Task Forces Check-In.” A recent House Oversight and Government Reform committee hearing on agency…
Blog
Testimony on Trump’s Executive Orders and Regulatory Task Forces before the House Oversight and Government Reform Committee
Today, the U.S. House of Representatives House Oversight and Government Reform Committee conducted a hearing entitled “Regulatory Reform Task Forces Check-In,” to which I…
Comment
Testimony of Wayne Crews on “Regulatory Reform Task Force Check-In”
View Full Document as PDF When policymakers neglect federal regulation, they ignore arguably the greatest element of governmental influence in the United…
Forbes
What Has To Happen For Trump’s Federal Regulatory Budget To Work
Congress is moving forward on the 2018 federal Budget Resolution, and maybe the promised tax system overhaul. Of course, the $4 trillion a year 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