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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Forbes
What the AT&T-Time Warner Merger Decision Means for U.S. Regulation
President Donald Trump's moves to streamline federal regulation and unleash infrastructure have in some ways been unprecedented. But some developments could undermine or swamp the…
Blog
Putting the Net Neutrality Scare Stories to Rest
Today is the first day of the Internet operating under the Federal Communications Commission’s Restoring Internet Freedom Order (RIFO), which was adopted last December but is…
Blog
This Week in Ridiculous Regulations
The week’s big headlines were about the G7 meeting and our allies’ efforts to avoid a trade war, and the meeting with north Korea…
The Washington Times
Regulatory Memorial Madness: Every 3 Hours, a New Rule
The Washington Times cited the Competitive Enterprise Institute on the tremendous amounts of rules and regulations unleashed by Congress and federal agencies. Congress…
The Daily Caller
It’s Been One Year Since Trump Promised To Leave The Paris Climate Accord
The Daily Caller cited Myron Ebell on the paradigm shift that has occurred with federal acceptance of affordable energy since the advent of the Trump…
USA Today
Reported Federal Funding For Climate Change Programs Is Incomplete, Says Watchdog
USA Today cited Myron Ebell on the financial benefits that will come because of deregulation by the Trump administration of Obama-era regulations and the benefits…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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