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…
Search Posts
JD Supra
Overturning the CFPB’s Final Payday Loan Rule by Reopening Rulemaking or CRA Resolution
JD Supra covers developments of the CFPB’s payday loan rule and Daniel Press’ “7 Reasons to Oppose the Federal Payday Loan Rule.” On December 1, 2018,…
Marketplace
Counting Pages of Regulations Is a Waste of Time (and Paper)
Marketplace covers our work on regulations. President Donald Trump stood in front of two piles of paper last month. One was the current Code…
Blog
Debunking the ‘Race to the Bottom’ Theory of Regulatory Competition
Its success in policymaking notwithstanding, the "race to the bottom" theory has fared poorly with the passage of time.
Reason
Trump Turns One
Reason covers President Trump’s first year in office. The 45th president does not tend to elicit measured evaluations. Since even before his formal entry…
The Washington Times
White House Urged to Kill Obama-era Payday Lending Rule
The Washington Times covers CEI’s letter sent to the Office of Information and Regulatory Affairs (OIRA) regarding the payday-lending rule. A free-market group is urging…
The National Law Review
Overturning the CFPB’s Final Payday Loan Rule by Reopening Rulemaking or CRA Resolution
The National Law Review discusses the various vehicles that could be used to repeal the CFPB’s small-dollar loan rule. On December 1, 2018, three…
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