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
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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Your Loss Is My Gain, Sucker!
I am being enriched by a vast expansion of government that will impoverish you and your family, and shrink the size of the economy in…
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DC on the School Reform Front Lines, Again
Today’s Washington Post features an editorial that strongly criticizes Congressional Democrats’ rush to kill the District of Columbia’s school voucher program, which enjoys bipartisan…
Blog
What Does Norway’s Net Neutrality Mean for the U.S.?
Hopefully nothing. But international policy has a way of making waves on our shores; sort of a “Look what they’re doing in Europe, we should…
Op-Eds
Mr. President, End this Farm Subsidy Boondoggle
Before taking office, President Barack Obama pledged to cut government waste: “We cannot sustain a system that bleeds billions of taxpayer dollars on programs…
Casino Intensity
A Competitive Enterprise Institute Study May Aid the Online Casino Industry
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Wayne Crews Considers the Cost of Regulation
From RealClearMarkets.com: Removing burdensome regulations on businesses, both large and small, hasn’t figured much into the economic recovery program thus far. But alternatives to “porkulus 
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