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
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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…
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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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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from Panama to refrigerants.
Augusta Chronicle
Is The Private Sector Supposed to Serve Only Government? Of Course Not
For example, Wayne Crews of the Competitive Enterprise Institute, in his latest compendium on federal regulations (Ten Thousand Commandments), alone estimates that their compliance…
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No, Gov. Perry, a Ban on Internet Gambling Won’t Protect the Internet or Individual Freedom
In an attempt to save face, Texas Governor Rick Perry is trying to justify his support for a federal online gambling ban by claiming that it’s the…
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Export-Import Bank Subsidizes the Western World
On its “About Us” page, the Export-Import Bank gives us its purported mission: “Ex-Im Bank does not compete with private sector lenders but provides…
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Red Tapeworm 2014: The Federal Government “Eats” 31 Percent Of The U.S. Economy
This is Part 6 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Congress Must End Department of Transportation’s Abuse of “Unfair and Deceptive Practices” Authority
The Department of Transportation is opening a rulemaking proceeding to, among other things, require airlines and ticket agents to include ancillary fees (for, e.g.,…
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