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…
Search Posts
Foundation for Economic Education
The Progressives Took Away Our Right to Contract. It’s Time to Reclaim It
According to surveys, 77 percent of millennials want flexible work hours, which many say makes them more productive at work. Yet some recent…
Reason
Rand Paul’s REINS Act Finally Makes It to Senate Floor
Reason discusses Rand Paul’s REINS Act with Clyde Wayne Crews. A Senate committee vote on Wednesday is a new high water mark for…
Washington Free Beacon
Report: Net Neutrality Leads to Higher prices, Less Innovation
Washington Free Beacon covers CEI’s Net Neutrality report authored by Jessica Melugin and Ryan Radia. Keeping Obama administration-era net neutrality rules would result…
Reason
The Deregulator?
Reason discusses the Trump presidency in terms of deregulation with Myron Ebell. … Below the headline-generating clatter of travel bans, wiretap…
Politico
CEI Makes Case for Net Neutrality Rollback
Politico Morning Tech covers CEI’s Net Neutrality report authored by Ryan Radia and Jessica Melugin. The Competitive Enterprise Institute, in a report…
Forbes
These Federal Aviation Administration Regulations Are Why We’re Not Going to Mars
During president Donald Trump’s discussion about drinking processed urine on the International Space Station with duration record-setter Peggy Whitson, the exchange turned to a…
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