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: Dear Mr. President with Destry Edwards
In this week’s episode we cover the economic slowdown from tariffs, more accountability for independent agencies in the federal government, and…

Blog
The week in regulations: Steel tariff inclusions and policies for arresting journalists
The 2025 edition of Wayne Crews’s Ten Thousand Commandments is out now. The economy shrank 0.3 percent in the first quarter of 2025…

Blog
Commencing deconstruction of the administrative state – Trump’s next 100 days
Federal regulation costs trillions of dollars each year. Call it the “costberg”—a vast, submerged amalgam of rules, guidance, and paperwork reshaping the economy without a…
Search Posts
Blog
Unconstitutionality Index going into 2024: 46 rules for every law
The Biden’s administration’s 3,018 rules and regulations of 2023 is fairly typical of agency output these days. But while rule counts remain relatively stable,…
Blog
American small businesses are paying through the roof for regulations
In a new column at Forbes, I take look at the National Association of Manufacturers’ (NAM) update of its …
Yale Journal on Regulation
CEI Report on Agency Adjudication Reform
CEI’s Ryan Young and Stone Washington were cited in Yale Journal on Regulation in relation to a new CEI Report on Agency Adjudication Reform: Today,…
News Release
Biden’s Unified Agenda report on regulations has two main problems
On December 6, the White House Office of Information and Regulatory Affairs at last released its regulatory blueprint for the coming year, the fall…
Blog
Equity shmequity: How US government’s ‘discounting’ policy hurts the global poor
The Office of Management and Budget (OMB) recently finalized its Circular A-4 guidance on regulatory analysis, constituting the first update to the guidance in…
Blog
Ten Thousand Commandments 2023 is out now
The 2023 edition of CEI’s flagship annual study, Wayne Crews’s Ten Thousand Commandments, is out now. For those not familiar, 10KC gives a big-picture…
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