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 regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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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,…
The Washington Times
Trump-Dependent Media Feels the Pinch
The Washington Times cites CEI’s 10KC study by Vice President for Policy Wayne Crews: The Competitive Enterprise Institute will issue on…
Forbes
Here Are the 298 Costliest Rules in the New Unified Agenda of Federal Regulations
No matter the presidential administration, federal agencies issue thousands of rules and regulations every year compared to a relative handful of laws passed…
Forbes
The New White House Unified Agenda of Federal Regulations Promises Government Activism
Federal agencies outline their regulatory priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the “Agenda”) each Spring and Fall.
Blog
This Week in Ridiculous Regulations
The economic recovery continues, but Congress is still intent on passing unneeded stimulus and infrastructure spending. Inflation is also up, and five antitrust bills…
News Release
Unified Agenda of Federal Regulation Reflects Biden’s Campaign Against Transparency for the Administrative State
The Biden Administration today released the Spring 2021 Unified Agenda of Federal Regulation, the first regulatory agenda for President Joe Biden. CEI…
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