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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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Blog
Kent Lassman at the Independence Institute: Deregulation in the Trump Administration
The Competitive Enterprise Institute staff often travel to bring the good news of regulatory reform to friends, allies, and interested audiences all across the country, and…
News Release
House Bipartisan JOBS Act 3.0 Act Will Cut Red Tape for Investors, Small Companies
Today, the U.S. House of Representatives will likely pass by a substantial margin a legislative package — backed by both House Financial Services Committee Chairman…
Comment
CEI Comments on the Regulation of Flavors in Tobacco Products
The Competitive Enterprise Institute (CEI) welcomes the opportunity to offer comments regarding the regulation of flavors in tobacco products.
Blog
This Week in Ridiculous Regulations
It was an uneventful week at regulatory agencies, with a lower-than-usual 51 new final regulations, ranging from skin disability ratings to garage door openers. For more data,…
Blog
Britain’s Brexit Challenge Gets Harder—and It’s Britain’s Fault
Leaving a regional trade bloc is much more difficult than entering it, as the United Kingdom is finding out. The European Union has integrated itself…
Forbes
Born Or Made? Personal Characteristics that Influence Entrepreneurship
Regulation is one of the more important influences on entrepreneurship around the world, and modern scholars have explored what the see as key conceptual and…
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