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
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Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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CEI’s Battered Business Bureau: The Week in Regulation
The Congressional Review Act deadline for the possible midnight regulation rush has now likely passed, though the Federal Register once again topped 2,000 pages last week. That…
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Federal Regulations Affecting Small Business
It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…
Cato Unbound
On the Administrative State’s Illegitimacy
"Who is better than overreaching bureaucrats to decide when the bureaucrats are overreaching?” That was one respondent’s characterization of the mindset that provoked the recently…
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CEI’s Battered Business Bureau: The Week in Regulation
As mentioned earlier, something of a regulatory midnight rush is happening right now. The Federal Register topped 2,000 pages for the third time in four weeks—a rare…
Washington Times
Killing the regulatory parasite
The Washington Times highlights Wayne Crews's annual report on the size and costs of federal regulations. From the new annual report, Ten Thousand…
Wall Street Journal
Trump for Blow-Upper in Chief?
The Wall Street Journal highlights Wayne Crews's annual report on the cost and size of federal regulations. The Competitive Enterprise Institute finds that,…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment