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 regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
Search Posts
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on the regulatory state under President Biden: “The aim is to put weight…
Letters
CEI Joins Coalition Letter Opposing H.R. 1 and S.R. 1
View Full Article as PDF Dear Speaker Pelosi, Republican Leader McCarthy, Majority Leader Schumer, and Republican Leader McConnell, On behalf…
World Net Daily
Overlooked Biden Executive Order Could Have Greatest Harmful Impact
World Net Daily cites Vice President for Policy Wayne Crews on regulatory reform: Clyde Wayne Crews, a regulation expert at the…
Forbes
Biden Repudiates Trump Era With Revocation Of Certain Executive Orders Concerning Federal Regulation
As part of a “Day One” “flurry” of executive action, President Joe Biden issued an “Executive Order on Revocation of…
Citation
Let Them Learn
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s “Modernizing Regulatory Review” plan: In the meantime, Wayne Crews at…
E&E News
Biden Signals ‘New Direction’ On Regulations
E&E News cites Vice President for Policy Wayne Crews on President Biden’s regulatory review process: Wayne Crews, an analyst at 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