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.
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Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
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Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Federal Regulations Cost an Estimated $1.9 Trillion per Year: Many Rules Hinder Virus Response, Economic Recovery
The Competitive Enterprise Institute (CEI) today released the 2020 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (10KC 2020), CEI’s annual survey of…
The Wall Street Journal
The Incredible Shrinking Quorum
How can Congress do its work in a time of social distancing? The Senate has remained in session as usual, but the House took steps…
National Review
How Loosening Regulations Can Fight Coronavirus and Help the Economy
If a regulation isn’t needed during a crisis, it was probably never needed at all. To his credit, President Trump signed an executive order on May…
The Washington Times
Trump Behind on Promise to Cut Two Rules for Every New One, Study Shows
The Washington Times cites CEI’s 10kc report: The Competitive Enterprise Institute’s annual report on the cost of regulations found that Mr. Trump cut regulations…
The Federalist
New Report Exposes Onerous Overregulation From The Administrative State
The Federalist cites CEI’s 10kc report: A new report from the libertarian Competitive Enterprise Institute (CEI) offers new insight into just how much unelected…
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Out Now: The 2020 Edition of Ten Thousand Commandments
The 2020 edition of Ten Thousand Commandments is out. Wayne Crews’s annual report gives a big picture view of the federal regulatory state. There has…
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