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
Blog
CEI’s Battered Business Bureau: The Week in Regulation
78 new regulations, from drones to ground beef.
Blog
Washington Says Merry Christmas With 80,000 Pages Of Regulation
There may be a federal war on coal in the ground, but Washington has plenty of coal for your Christmas stocking. The Federal Register—where federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There are just eight more editions of the Federal Register remaining to be published this year. With new regulations in the last week covering everything from truck…
Blog
Obama Cements Status as King of Regulatory Bloat
Today marks a milestone for the one brandishing the Mighty Pen and Phone. The Federal Register hit 78,648 pages today. The Register is where the federal…
National Review
Omnibus Bill: Search in Vain for the Regulatory Relief
There are certainly some good things in the Omnibus Spending/Tax Extenders bills that dropped early this morning (though I…
Washington Examiner
Report: Obama Sets Red Tape Record, 545,875 Pages
The Washington Examiner cites Wayne Crews' work on the scope of President Obama's record-setting regulations: What's more, Obama still has half a month…
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