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
Products
Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
Products
Free to Prosper: Energy and Environment
View the full chapter on energy and environment here REJECT THE GREEN NEW DEAL AND SIMILAR CENTRAL PLANNING SCHEMES The Green New Deal (GND),…
The Washington Times
With an Eye on Prosperity
The Washington Times cites CEI’s publication, Free to Prosper, and related online event: The Competitive Enterprise Institute will release “Free to Prosper,”…
National Review
Tyrannosaurus Regs and Regulatory Dark Matter: Biden’s Accountability Deficit on Regulation
Washington’s new motto is: When you run out of other people’s money, keep spending anyway. It’s a sad state of affairs when a national debt …
Forbes
The Best American Rescue Plan Is An “Abuse-Of-Crisis Prevention Act”
If limits exist that constrain politicians and the legislation they can enact in the name of crisis, rescue or stimulus, it is unclear what they…
Politico
Biden Won’t Release White House Virtual Visitor Logs
Politico cites CEI’s 2020 edition of 10 Thousand Commandments by Vice President for Policy Wayne Crews: In addition, Republican…
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