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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Washington Examiner
Biden Poised to Be the Biggest Regulator in History
The Washington Examiner cites Vice President for Policy Wayne Crews on regulatory reform: “Biden has signaled in all areas that the Trump…
Forbes
Donald Trump’s Year In Regulation, 2020
Today, Thursday, December 31, is the last federal workday of 2020. This presents the opportunity to review the heft of the Federal Register and its roundup of…
Blog
This Week in Ridiculous Regulations
The 2020 election is finally, mercifully, over. Barring a surprise in the Georgia Senate runoffs, we will continue to have divided government. This arrangement typically…
Forbes
Some Trump Executive Orders On Regulation Need To Be Kept No Matter What
Some see federal regulatory intervention as unaccountable and unrestrained. That was and remains a key focus of the Donald Trump reform agenda. Executive orders addressing…
Blog
This Week in Ridiculous Regulations
The 2024 election season officially began on Wednesday. The 2020 Federal Register topped 70,000 pages right on election day, and is on pace to be…
EP NewsWire
COMPETITIVE ENTERPRISE INSTITUTE: Record GDP Numbers: Good News and Next Steps
EP NewsWire cites CEI senior fellows Iain Murray and Ryan Young on economy and regulations. Ryan Young, CEI Senior Fellow: “Most of the talk…
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