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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Blog
Top Stats from ‘10,000 Commandments’ for 2017
The 2017 report is unique and will serve as a benchmark to measure President Trump’s efforts to cut red tape against those of his predecessors.
News Release
Costs and Burden of Federal Regulations Reach $1.9 Trillion
Today, the Competitive Enterprise Institute (CEI) released the 2017 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State that estimates…
Blog
Why Not a “Nuclear Option” for Legislative Vetoes?
For the sake of clarity, I start with questions presented in this blog, which serve as a useful guide: Is it constitutional for one Congress…
Blog
Breaking: Gambling Bill Could Restore Freedom to States
Congress may soon consider a bill that would repeal outdated federal gambling prohibitions, and thus allow states to legalize and regulate any form of gambling,…
Study
Ten Thousand Commandments 2017
The burden of federal regulations on the American public reached a record $1.9 trillion last year. That amounts to a hidden tax of nearly $15,000 per…
Forbes
In Today’s World, Trump’s Balanced Budget Will Require Regulatory Reform
It seems every American president’s fiscal budget gets declared DOA. Presidents signal priorities to Congress, which subsequently goes and does at it chooses. Sen. Mitch…
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