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
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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…
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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…
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Washington Examiner
Obama passes Bush’s number of costly regs — and has 10 months to go
The Washington Examiner quotes an analysis by Wayne Crews on Obama's annual average of regulations. According to CEI's Clyde Wayne Crews, Obama has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Another Friday meant another 699-page Federal Register, which now exceeds 20,000 pages on the year. The big news is a fiduciary rule for retirement planning, but…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The week ended with precisely 800 new final regulations on the year, with new rules covering everything from chairs to obesity. On to the data:…
Forbes
Won’t Cut Federal Spending? Then Cap The Cost Of Regulation
Last week a group of libertarian and conservative groups issued a coalition letter calling on Congress to cap regulatory costs. While some of us…
American Spectator
Mr. Trump: America’s Economic Problem is Regulation, Not Trade
The Cato Institute's Doug Bandow cites Wayne Crews on the problem of the regulatory burden: Clyde Wayne Crews of the Competitive Enterprise Institute has…
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Federal Government Is Good for U.S. Economy
If you’re a fellow free-market advocate and did not arrive at this page from social media (or missed our #AprilFools joke), don’t…
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