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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Trump Administration Regulatory Agenda Released
Today the Trump administration released the Spring 2018 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
Blog
‘10,000 Commandments’ in the News
The 25th anniversary edition of the Competitive Enterprise Institute’s regulatory reform study “10,000 Commandments” has received a warm welcome since it was released…
4-traders
More than 50 Members, Stakeholders Call on Admin to Scrap Obama Mineral Withdrawals
4-traders cited the work of the Competitive Enterprise Institute in pressing reviews of Obama-era mineral withdrawals which were implemented without due consideration for the local…
The State Journal-Register
Point: In The Name Of Safety, They Should Allow Testing Of Driverless Cars On Their Roads
The State Journal-Register cited Marc Scribner about how local jurisdictions are not qualified to determine the legality of driverless cars and that their lack of…
Blog
This Week in Ridiculous Regulations
It is now May, and still only one economically significant regulation (costing $100 million or more per year) has been issued this year. With the…
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Sen. Lankford Headlines Mercatus Event on Regulation and Opportunity
Recently the Mercatus Center hosted an excellent panel discussion on the effects of regulation on entrepreneurs and the poor. I was excited to see…
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