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: Emergent abundance with Alex Trembath
In this week’s episode we cover the future of financial regulation, the end of the left vs. right distinction in politics, and…

Blog
Is regulation killing American innovation?
The federal government micromanages American businesses and citizens through excessive and costly regulations. These rules stifle innovation, limit competitiveness, and hinder job creation, while also…

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…
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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…
Blog
Regulations Trump Administration Has Eliminated So Far in 2019
The Trump administration promised to roll back red tape. So how goes 2019? The 2019 Spring Unified Agenda of Deregulatory and Regulatory Actions released by the…
The Washington Times
Burdensome Federal Regulations Are ‘Hidden Tax’ Which Cost $1.9 Trillion: Study
The Washington Times cites Vice President for Policy and Senior Fellow Wayne Crews on CEI’s “Ten Thousand Commandments” report. The national debt is not the…
The Times Herald
Jerry Shenk: Regulatory Taxation Burdens us All
The Times Herald cites CEI’s 10kc report. In their review of the cost of government regulations for 2018, the Competitive Enterprise Institute estimated…
Blog
Will Antitrust End Trump’s Deregulatory Push?
Revelations that antitrust enforcers have conspired to divide jurisdiction and initiate antitrust investigations into Google and Apple (the U.S. Department of Justice) and Amazon and…
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