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
The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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News Release
Unified Agenda of Federal Regulation Reflects Biden’s Campaign Against Transparency for the Administrative State
The Biden Administration today released the Spring 2021 Unified Agenda of Federal Regulation, the first regulatory agenda for President Joe Biden. CEI Vice President…
Blog
CPI Inflation Indicator Hits 5 Percent: Not Stagflation, But a Useful Warning
The Consumer Price Index (CPI) for May came out this morning. At 5 percent, it was higher than expected. CPI has its flaws…
Blog
Stimulating the COVID Recovery without Trillions in Spending
Over at Inside Sources, I make the case that deregulation, freer trade, and continued vaccinations will do more to open up the economy than…
Blog
This Week in Ridiculous Regulations
Unemployment is back under 6 percent, and it’s looking more and more like the economy is reverting back to trend. We’re not there yet, but…
The Wall Street Journal
Flying the Politically Correct Skies
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s federal budget: Wayne Crews of the Competitive Enterprise Institute …
Forbes
Post-Covid Warning: Fence Federal Regulation and Spending Before the Next Economic Shock
Does it make sense as an ongoing tenet of public policy to regard a few weeks or months of business disruption, like that characterizing the…
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