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: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
Blog
The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations ranging…
Search Posts
Blog
Department of Energy Expands Consumer Choice in Light Bulbs
The Trump administration took a pro-consumer step today as the Department of Energy finalized a rule that will allow certain types of lower-cost light bulbs to…
Blog
This Week in Ridiculous Regulations
The UK parliament will soon be suspended for a five-week period, something the U.S. Congress should consider emulating as often as possible. Over in the…
News Release
New CEI Video Urges Americans to Show Their Support for Faster Dishwashers
The Competitive Enterprise Institute (CEI) today released a new video making the case for a new Department of Energy (DOE) regulation allowing faster dishwashers and…
Blog
This Week in Ridiculous Regulations
A humorous diplomatic row over Greenland was not the only news of the week, with China tariffs, divisive rhetoric, and recession fears also putting in…
Blog
Cataloging Regulatory Costs of Cronyism and Rent-Seeking in a Self-Interested Administrative State
Rent-seeking as a policy concern has been done to death: It’s been described over and over how regulation is often not about elevating the public…
Blog
This Week in Ridiculous Regulations
Last week was the Federal Register’s busiest of the year, with its 3,075 pages almost tripling a normal week’s count. A new economically significant regulation…
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