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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Search Posts
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…
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…
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