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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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News Release
CEI Proposes Agenda for Congress to Restore the Fundamentals of a Free Economy
Today the Competitive Enterprise Institute (CEI) released its policy goals for the 115th Congress, highlighting specific steps lawmakers can take to reform the unbounded…
Watchdog.org
Midnight in the garden of good intentions: Small biz fears end-of-administration regulations
Watchdog.org reports on CEI's work to track federal regulations and speaks with Marlo Lewis on the regulatory burden. The Competitive Enterprise Institute, which…
Blog
This Week in Ridiculous Regulations
As the Federal Register climbed above 87,000 pages for the first time in its 81-year history, agencies issued new rules ranging from landfills to movie…
Daily Signal
Obama Administration Not Finished Yet With Executive Actions, Regulations
The Daily Signal discusses the Obama administration's federal regulatory pace with Ryan Young. The fact that Trump could overturn much executive or administrative…
Products
Free to Prosper: Regulatory Reform
View the full chapter on regulatory reform here All legislative Powers herein granted shall be vested in a Congress of the United…
Blog
This Week in Ridiculous Regulations
Thanksgiving week was a busy one, with new regulations ranging from potatoes to royalties.
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