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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Forbes
The Case for Trump’s Tax Plan Is Strengthened By IRS’s $300 Billion Compliance And Deadweight Burden
Donald Trump made his most urgent appeal for middle class tax cuts in North Dakota, the home state of Sen. Heidi Heitkamp, a Democrat who…
Study
Shrinking Government Bureaucracy
View Full Document as PDF Shrinking Government Bureaucracy is a series of policy proposals by Competitive Enterprise Institute (CEI) experts to rein in…
Blog
Economic Growth Rose to 3 Percent in Second Quarter of 2017
The U.S. economy grew at an annual rate of 3 percent in the second quarter. That was significantly higher than the 2.7 percent expected.
Washington Examiner
No, Houston’s Regulation Policy Didn’t Make Hurricane Harvey Flooding Worse
When a major American city is under eight feet of water, it’s a distasteful time to play politics. That hasn’t stopped multiple media commentators looking…
Forbes
Trump’s Tax Reform Plan Targets Middle-Class Tax Complexity
President Trump visited Missouri to talk about tax reform, stressing simplicity and middle-class tax relief and “plans to bring back Main Street by reducing…
Washington Times
Real Progress in Regulatory Reform
Washington Times cites 10,000 Commandments. It’s true. A full seven months after President Trump’s inauguration and the convening of a new Congress, there…
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