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.
Search Posts
News Release
CEI Says Pai’s Roll Back of Net Neutrality Regulations is ‘Immediate Victory’ for Transparency and ‘Promising Sign’ for Upcoming Vote
Competitive Enterprise Institute adjunct fellow Jessica Melugin offered a response to the news that the Federal Communications Commission is announcing its plan today…
Medium
A Better World Begins With Better Bureaucracy
Maleka Momand writing for Medium cites Wayne Crews’ “10,000 Commandments.” The U.S. economy loses trillions of dollars every year to regulatory compliance costs, and state…
Blog
Introduction to ‘Reorganizing the Executive Branch’
We’re all sharpening our own vision of how the executive branch can be rationalized, right-sized, streamlined, and otherwise reformed.
Blog
Confessions of a Recovering Bureaucrat
Neither clarity nor efficiency in government has improved in the past eight decades.
Blog
How to Reform the Executive Branch
President Trump’s March 13th executive order “Comprehensive Plan for Reorganizing the Executive Branch” set in motion a process that could yield dramatic changes to how…
The Hill
Credit Trump For Boosting Business And Fueling Our Economic Growth
Andy Puzder, writing in The Hill, cites Wayne Crews’ “10,000 Commandments.” Progressive Democrats are in a tough spot. It is increasingly difficult to ignore that…
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