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
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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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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CNBC
Get ready for Republican rush of regulation rollback
CNBC discusses the Obama era regulations that the Trump administration could get rid of with Wayne Crews. But now, thanks to the Trump's…
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…
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