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
A provisional look at the Trump 2.0 deregulation record
Early in his first term, Donald Trump ordered agencies to eliminate at least two rules for every “significant” one added – rules generally carrying $100…

Blog
The week in regulations: Sausage colors and patriotic education
The Federal Reserve cut interest rates. Attorney General Pam Bondi threatened to prosecute hate speech. ABC pulled late night host Jimmy Kimmel off the air…

Blog
GOOD Act markup: The first step in illuminating regulatory dark matter
The Senate Homeland Security and Governmental Affairs Committee (HSGAC) is soon expected to mark up the Guidance Out of Darkness (GOOD) Act, an important bipartisan…
Search Posts
Forbes
Is America Losing Its Small Businesses?
Forbes cites CEI on federal agency regulations. According to the Competitive Enterprise Institute, the agencies of the federal government in 2015, the year…
Blog
This Week in Ridiculous Regulations
While the administration is so far keeping to its one-in, two-out policy for proposed rules, new trade and antitrust policies are likely to increase net…
Reason
Will Trump’s Authoritarian Impulses Derail His Deregulatory Successes?
Reason cites Vice President of Policy and Senior Fellow Wayne Crews on CEI’s “Ten Thousand Commandments” report. But there are warning signs that…
The Washington Times
Trump ‘Administrative State’ Rollback Fails To Lower $2 Trillion Annual Cost Of Regulation
The Washington Times cites Vice President of Policy and Senior Fellow Wayne Crews on the cost of federal regulations. Federal regulations were costing…
Fox Business
Trump Early Efforts on Deregulation Could Pave Way For Increased Executive Activity: Study
Fox Business cites Vice President of Policy and Senior Fellow Wayne Crews on the Trump Administration’s record on deregulation. While he…
The Washington Examiner
‘Swamp’ Thwarts Trump With $1.9T ‘Hidden Tax’ In Regulations
The Washington Examiner cites Vice President of Policy and Senior Fellow Wayne Crews on CEI’s “Ten Thousand Commandments” report. The Competitive Enterprise Institute said…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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