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
Forbes
The 2021 “Unconstitutionality Index”: 19 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation like the one that just decamped for Florida, the number of rules from hundreds of federal…
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on President Biden’s latest directive: “The aim is to put weight on the scales…
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 on…
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 of the millions…
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 Competitive…
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 Certain…
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