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: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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Blog
Re-Prioritizing Regulatory Reform
The 2019 edition of Wayne Crews’ Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State is out now.
National Review
President Trump Should Rediscover Regulatory Reform
President Trump, who made regulatory reform a priority early in his term, claims to have reduced federal regulatory burdens by $23 billion in fiscal year…
News Release
Federal Government Illegally Fails to Account for at Least $1.9 Trillion in Estimated Regulatory Costs
The Competitive Enterprise Institute (CEI) today released the 2019 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (10KC 2019), CEI’s annual survey of…
Products
Liberate to Stimulate
Download Chapter 11 as a PDF Policy makers frequently propose spending stimulus as a way to grow economies. It rarely goes well. A regulatory…
Products
Regulation and the Federal Communications Commission
Download Chapter 10 as a PDF The Federal Communications Commission is by no means the heavyweight among regulators as gauged by the number of…
Products
Government Accountability Office Database on Regulations
Download Chapter 9 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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