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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Townhall
Washington’s Despotic Lawlessness
Townhall discusses Washington's lawlessness with Wayne Crews, author of the annual Ten Thousand Commandments reports. The Competitive Enterprise Institute is renowned for its…
Forbes
GOP Releases Contested 2017 Balanced Budget Proposal — With A Regulatory Budget Alongside
House Republican leadership released their 2017 “Balanced Budget for a Stronger America” fiscal year budget proposal. It seeks to balance the budget in 10…
Blog
Oversight Hearing Will Find Federal Regulatory Transparency Quite Opaque
The 2015 edition of White House Office of Management and Budget’s (OMB) annual Draft Report to Congress on the Benefits and Costs of Federal Regulations was latest we’ve seen…
Blog
USA Act Increases Accountability, Restores Congress’ Power of the Purse
Separation of powers is one of the United States government’s most basic principles. But for several decades, presidents from both parties have gradually concentrated more…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was just another week in the world of federal regulation, with new rules covering everything from Nixon’s archives to black bears. On to the…
Wall Street Journal
Hillary’s Soft Despotism
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden and it's effects. According to the most recent…
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