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
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Search Posts
Blog
Charting a glide path to overturn Biden regulations in the 119th Congress
As the 119th Congress and incoming Trump administration prepare to govern, one key weapon in their arsenal will be the Congressional Review Act (CRA)…
Blog
This week in ridiculous regulations: Marine ingredients and tips
The reconciliation bill process was more chaotic than usual. There were more than 100 new regulations this week, and more than 800 agency notices.
Blog
Free the Economy podcast: Mortgage market analysis with Mark Calabria
In this week’s episode we cover weaponization of financial regulation, the Kroger-Albertsons merger, and a spirited defense of ultra-processed foods.
Blog
Biden’s Fall 2024 Unified Agenda of regulations: The numbers, trends, and what’s next
The Biden administration’s Office of Management and Budget (OMB) dropped the Fall 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions this past…
Blog
This week in ridiculous regulations: Natural grass marketing and arms trafficker registration fees
The 2024 Federal Register surpassed 100,000 pages for the first time ever, and the number of new regulations on the year passed 3,000. Agencies issued new regulations…
Blog
Free the Economy podcast: Tax and budget showdown 2025 with Erica York
In this week’s episode we cover new climate disclosure rules for public companies, the case against price controls on credit card…
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