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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
Blog
FTC Launches Economic Liberty Task Force to Fight Overregulation
Federal agencies have a well-deserved reputation for issuing regulations, publishing guidance documents, and bringing enforcement actions against American businesses. But when the stars align, agencies…
Newsmax
‘It’s About Bloody Time’ Someone Cuts Excessive Government Regulation
Newsmax highlights the cost of regulation from Wayne Crews’s Ten Thousand Commandments report. The Competitive Enterprise Institute estimates that the total cost of…
The Hill
Obama FCC’s ‘privacy’ rules were a sham
The Hill highlights CEI’s calculation of the Federal Communication Commission’s 2015 regulatory costs. The FCC is no poster child for efficiency for that…
Blog
Regulations – How Much Do They Cost You?
From the labels on our food to the shoes on our feet, regulations are a part of our everyday lives. And there…
Blog
Two Potential Outcomes for the Office of American Innovation
Yesterday the White House announced the launch of an Office of American Innovation. This is the latest of several moving and overlapping parts to President Trump’s…
Blog
This Week in Ridiculous Regulations
The Trump administration’s 60-day regulatory freeze is now over, but many of this week’s new regulations are simply extensions of previous delays. So despite a…
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