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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News Release
Equifax Data Breach Evidence that Congress Should Deregulate Credit Reporting
Competitive Enterprise Institute Vice President Jim Harper commented on the Equifax data breach. “When Congress passed the Fair Credit Reporting Act forty-five years ago,…
Blog
Why Should Millennials Want to Shrink Government Bureaucracy?
Free markets and limited government are for every generation.
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…
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