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.
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News Release
Senator Ron Johnson and 15 GOP Colleagues Introduce Guidance Out of Darkness Act in 118th Congress
Senator Ron Johnson (R-WI) introduced the Guidance Out of Darkness (GOOD) Act this week, a bill aimed at bringing transparency to agency guidance documents…

Blog
This Week in Ridiculous Regulations
President Biden released a $6.8 trillion proposed budget. The labor force grew by 311,000 people in February. Meanwhile, agencies issued new regulations ranging…

Blog
Regulatory Reform in the 118th Congress: The ALERT Act
Transparency is a vital part of good government. It is also lacking in the regulatory process. H.R. 262, The All Economic Regulations are Transparent…
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Publication
Toward a Federal “Regulatory Budget”
Download Chapter 3 as a PDF When Congress spends, no one questions that disclosure is necessary for voters to hold representatives accountable. Federal expenditure…
Publication
Executive Summary – Ten Thousand Commandments 2021
Download the Executive Summary as a PDF Now a relic, spending control and deficit restraint are indispensable to a nation’s stability and long-term economic…
Publication
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…
Publication
Bookending the Trump Era: Seven Efforts to Reduce and Streamline Regulatory Flows
Download Chapter 1 as a PDF This 2021 edition of Ten Thousand Commandments begins with a survey of approaches the Trump administration took during…
Publication
Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
Download Chapter 8 as a PDF One of the goals of regulatory reform should be to improve disclosure and enhance its relevance to rulemaking.
Study
Ten Thousand Commandments 2021
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
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