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: 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…
Blog
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…
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…
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Washington Post
A mandate that is off the rails
Wayne Crews of the Competitive Enterprise Institute has recently published his “Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State.” This year’s…
Blog
CEI Podcast for May 30, 2013: The Politics of Caffeine
The Food and Drug Administration recently announced plans to investigate, and possibly regulate, caffeine consumption. Fellow in Consumer Policy Studies Michelle Minton prefers separation of…
Blog
Regulatory Opacity
In today’s Investor’s Business Daily, Wayne Crews and I make the case that one of the biggest obstacles to regulatory reform is a lack of…
Blog
TTB to Allow, Not Require, Nutritional Labeling on Alcoholic Products
It’s a rare occasion that we get to praise government agencies. While the federal agency governing alcoholic beverages certainly took it’s time to make a…
Investor's Business Daily
America’s Soaring Regulations Cost $1.8 Trillion A Year
Politicians from both parties routinely tout the need to roll back unnecessary regulations. But how much overregulation is there exactly? Most politicians have no idea,…
Blog
More than Taxing and Spending
The cost of government is far more than it taxes and spends. The Pittsburgh Tribune-Review’s editorial board agrees, as they opined yesterday:…
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