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…
Search Posts
The Hill
Business report: Regulate the regulators
The Hill reports on Wayne Crews's report on calculating the true cost of government with a regulatory budget. The conservative Competitive Enterprise Institute (CEI)…
Study
Toward a Federal Regulatory Budget
The Pitfalls in Quantifying Regulatory Costs and How to Avoid Them…
Blog
RealClear Radio Hour: Innovation Economy & State Fiscal Breakdown
This week on RealClear Radio Hour, guests Garrett Johnson and Eileen Norcross explain the importance of developing a more technologically nimble and fiscally responsible government.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register surpassed 40,000 pages last week, with new rules ranging from lights on farm equipment to grading raisins.
E&E News
Panel features critic of ‘regulatory dark matter’
E&E News reports on Wayne Crews testifying on federal agencies regulating through guidance documents before a Senate subcommittee. The conservative scholar who writes the…
News Release
Federal Regulatory Budget Is Worth the Effort
Today, the Competitive Enterprise Institute released Toward a Federal Regulatory Budget, a paper that examines why and how Congress must take a more proactive…
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