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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Federal Deregulation Can Exceed What Gets Reported in Unified Agenda
In tracking the Trump administration’s regulatory vs. deregulatory actions, there can be discrepancy between the official Unified Agenda compilation (the tally that’s been around…
Blog
This Week in Ridiculous Regulations
It was a relatively slow week, with 44 proposed regulations and 62 final regulations, though the Supreme Court did rule the federal ban on…
Blog
Fraser Institute Confronts Changing Demographics of Entrepreneurship
As my colleague Christine Hall reported earlier this week, our Canadian think tank friends at the Fraser Institute have a new book out…
Blog
Did You Hear the One about the Entrepreneur?
When putting together a chapter on entrepreneurship and regulation for the Fraser Institute’s new book “Demographics and Entrepreneurship: Mitigating the Effects of an Aging…
The Hill
How Trump Can Build on Regulatory Reform: Borrow From Reagan’s Playbook
The Hill cited the Competitive Enterprise Institute on the cost which federal regulations pass onto consumers. One of the most successful policy achievements…
Blog
Red Tape Discourages Entrepreneurs, CEI Expert Explains in Fraser Institute Book
Today, the Fraser Institute, an independent, non-partisan Canadian public policy think-tank, released a new book on worldwide barriers to entrepreneurship, Demographics and Entrepreneurship: Mitigating the…
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