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 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…
Blog
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…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory tax of…
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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Congress may soon consider a bill that would repeal outdated federal gambling prohibitions, and thus allow states to legalize and regulate any form of gambling,…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…
Study
Dirty Dozen
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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