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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Reason
Self-Driving Cars Will Make Most Auto Safety Regulations Unnecessary
Reason quoted Marc Scribner on the necessity of pragmatism which should be utilized to expedite the implementation of self-driving cars before federal auto regulators idealistic…
Reason
Trump’s ‘Deregulatory’ Juggernaut’?
Reason quoted a report by the Competitive Enterprise Institute on the success of the Trump administration in enacting deregulatory reforms. “While the Republican…
RealClearMarkets
Undoing President Obama’s Damage Will Take Time
RealClearMarkets quoted Daniel Press on banking regulations impact on the banking system. Ronald Reagan once said, “No government ever voluntarily reduces itself in…
PGRI
Pennsylvania becomes the Fourth State to Legalize Online Gambling
PGRI re-posted an article released by the Competitive Enterprise Institute on its blog detailing the successful legalization of online gambling in Pennsylvania. …
Politico
FCC’s next step on net neutrality: Blocking the states
Politico quoted Jessica Melugin on the difficulties awaiting states or cities who would try to impose their own individualized versions of net neutrality highlighted by…
Politico
Cordray out
Politico cited the video released by the Competitive Enterprise Institute criticizing the CFPB. Sheila Bair wants a commission: Sheila Bair on CNBC: “I…
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