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: Clear-but-false ideas with Kevin Williamson
In this week’s episode we cover the Trump tariffs being struck down, Biden’s competition order being vacated, and new research on…

Blog
There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…

Blog
The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…
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The Western Journal
Trump Program Saved $160 Billion, Cut Regulatory Costs 90% – Biden Killed It
The Western Journal cites Vice President for Policy on the impact of President Biden’s regulatory actions: “I don’t think progressives think regulations…
Fox Business
Biden on Day 1 Scrapped Trump Rule that Helped US Save $160 Billion: Report
Fox Business cites Vice President for Policy Wayne Crews on regulations and the Biden administration: But Clyde Wayne Crews, a vice president…
The Washington Times
Biden Overturned Trump Deregulation Rule That Saved U.S. $160 Billion: Analysis
The Washington Times cites Vice President for Policy Wayne Crews on regulations and the Biden administration: “Biden has jettisoned … most of…
News Release
CEI Backs Sen. Johnson’s Call for President Biden to Re-Instate Transparency in Agency Guidance Executive Order
Senator Ron Johnson (R-WI) and 20 of his colleagues sent a letter to President Biden, requesting he reverse his decision to overturn Executive Order 13,891,…
Las Vegas Review Journal
EDITORIAL: Regulatory benefits that are ‘impossible’ to quantify
The Las Vegas Review Journal cites Vice President for Policy Wayne Crews and CEI’s “10 Thousand Commandments”: Needless to say, President Joe…
Forbes
The 2021 “Unconstitutionality Index”: 19 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation like the one that just decamped for Florida, the number of rules from hundreds of federal…
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