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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Products
Regulation and the FCC
Download Chapter 9 as a PDF The Federal Communications Commission is by no means the heavyweight among regulators as gauged by the…
Blog
This Week in Ridiculous Regulations
The highlights from this week’s round of 36 proposed regulations and 72 final regulations range from licensing government inventions to the Department of Redundancy Department’s…
Forbes
An Inventory Of Federal Agency Guidance Documents
Is that an exciting click-bait title or what? It gets even better though. Federal regulations’ hundreds of billions in costs and…
Op-Eds
The Six Ways Trump Has Cut Red Tape (So Far)
Alongside tax reform, cutting red tape has been big news. Congress created the regulatory enterprise and enabled the now-sweeping delegation of legislative power to administrative agencies…
Marketplace Radio
AUDIO: John Berlau Discusses Accountability at the CFPB with American Public Media’s Marketplace
John Berlau, Senior Fellow at the Competitive Enterprise Institute, joined American Public Media’s Marketplace, to discuss how the Consumer Financial Protection Bureau can be…
Forbes
Mark Zuckerberg Testimony: Will Washington Cast The First Stone At Facebook?
As Facebook is embroiled in three separate privacy crises, let he who never transacts commercially or politically cast the first stone.
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