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…
Search Posts
News Release
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
Contact: Christine Hall, 202-331-2258 Lee Doren, 202-331-2259 Washington, D.C., January 18, 2011 – Today, the Financial Stability Oversight Council is issuing recommendations for implementing…
News Release
Obama Executive Order on Reg Reform – Far Too Little, Far Too Late
Washington, D.C., January 18, 2011 — Statement by Wayne Crews, CEI Vice President for Policy Today, President Obama released an Executive Order called…
Citation
Obama’s Version of Regulatory Reform
Fox News
Jobs and Regulation — Is Obama Finally Getting Serious About Solutions?
Fox News discusses the size of the regulatory state with Wayne Crews. According to the Competitive Enterprise Institute’s Wayne Crews, the regulatory state stood…
Government Executive
Obama orders review of agency regulations
Government Executive discusses executive overreach and its effects with Wayne Crews. But others said the changes are too little and too late. The…
Blog
Morning Media Summary
Tech: Google Release Chrome 8.0.522, Pays $14,000 in Bug Bounties: “Google has released version 8.0.552.237 of its Chrome browser, which includes fixes for…
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