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…
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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…
The Daily Signal
EPA Chief Set to Bar Government-Funded Experts From Agency’s Science Panels
The Daily Signal discusses the EPA’s changes to its scientific advisory boards with William Yeatman. Pruitt revealed that he will issue a directive aimed…
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