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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

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…
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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…
Blog
This Week in Ridiculous Regulations
CEI’s Wayne Crews looked at the Biden administration’s dismantling transparency reforms for guidance documents and warned that political spending on scientific research would…
Blog
EPA Follows Through on Biden Directive to Hide Guidance Documents from the Public
Before President Joe Biden signed an executive order called Revocation of Certain Executive Orders Concerning Federal Regulation that, among much else, instructed federal agencies…
News Release
Some Good News in April 2021 Job Numbers
The unemployment rate didn’t budge much in April, according to just-released data from the Labor Department, but CEI labor policy expert Sean Higgins…
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