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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Townhall
Yowza: Federal Regulations Are Costing Americans Insane Amounts of Money
Townhall reports on Wayne Crews's study on the size and cost of federal government regulation. According to a new report released by the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the Federal Register passed the 25,000-page mark, new rules for the week ranged from fluorescent lamps to disaffected youth. On to the data: Last week, 65…
The Patriot Post
Regulations Are the Ties That Bind
The Patriot Post mentions Wayne Crews's annual report on the number of federal regulations. Just how many regulations are we talking about? As of…
Blog
The Proliferation of Federal Agency Guidance Documents
Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…
Investor's Business Daily
How Overregulation Is Killing The Economy
The Investor's Business Daily highlights Wayne Crews's annual Ten Thousand Commandments report on the costs of federal regulation. The Competitive Enterprise Institute publishes…
Blog
When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”
In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment