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…
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Forbes
U.S. Senate Keystone Pipeline Defeat Shows The Hazards Of Over-regulation
The meek shall inherit the Earth, but not its mineral rights. …
Study
Top 5 Things Congress Should Consider During Lame-Duck Session
View the document here During Congress’ lame-duck session, both Republicans and Democrats will dig into a number of stalled pieces of legislation…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register took Tuesday off to observe Veterans’ Day. The short week was still a busy one, with Thursday’s edition alone totaling 783 pages. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Election week was a busy one on the regulatory front, with new rules on everything from fuel taxes to wireless spectrum. With the Senate changing…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new…
Fox Business
What Small Business Owners Think About Income Tax
Fox Business cites Wayne Crews' work on regulatory compliance costs: With so much revenue potential when taxpayers and businesses thrive, one would…
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