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: 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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
Washington Times
Federal Government Needs Major Overhaul to Cut Red Tape, Reduce Costs: Report
The Washington Times covers CEI’s latest publication Shrinking Government Bureaucracy. Shrinking the federal bureaucracy would spur economic growth and reduce costs to taxpayers,…
Washington Free Beacon
Report: Reducing Regulatory Agencies’ Authority Could Boost Economy, Increase Job Creation
The Washington Free Beacon covers CEI’s latest publication Shrinking Government Bureaucracy. Reducing some of government’s regulatory agencies’ authority could boost economic growth and…
Washington Examiner
Shock: Bill for Regulations Higher than Taxes to Uncle Sam, $3.7T Total
The Washington Examiner discusses the Treasury’s record-breaking tax revenue with Wayne Crews. American taxpayers and corporations not only paid a combined record $1.85…
Blog
Shrinking Government Bureaucracy in Turbulent Times
We need to ponder what the executive branch we deserve looks like and how it aligns with our Constitution and statutory limitations.
Forbes
How Many Rules And Regulations Do Federal Agencies Issue?
With Congress on summer vacation, it’s an appropriate time to reflect on the number of laws it passes vs. the number of rules and regulations…
Blog
Record Federal Income Tax Receipts Still No Match for Cost of Regulation
Corporate income taxes collected by the U.S. government, estimated as noted at $278 billion for 2017, are dwarfed by regulatory costs.
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