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
Trump slashed rulemaking in 2025. The hard part starts in 2026
The new year, 2026, marks nearly the first full year of Donald Trump’s second administration. It’s a moment to assess whether regulatory liberalization has genuinely…
Blog
The week in regulations: Neck floats and stablecoins
Unemployment went slightly up, and inflation went slightly down. President Trump gave a primetime speech, and earlier in the week commented on Rob Reiner and…
Blog
Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
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News Release
SEC Commissioner Earns Praise for Service to Investors, Entrepreneurs
On Aug. 1, Paul S. Atkins ended his six-year term as Commissioner of the U.S. Securities and Exchange Commission. Competitive Enterprise Institute President Fred…
Newsletter
Costs of Regulation, FDA Reform and Global Warming Skepticism
The House Small Business Committee hears testimony on the costs of federal regulation. Patient advocates urge lawmakers to pass legislation forcing the Food and Drug…
Newsletter
Whole Foods Merger, Ethanol’s Impact and Health Savings Accounts
A federal court calls into question the recent merger of Whole Foods and Wild Oats natural food stores. South Asian leaders meet to discuss food…
News Release
Congress Examines Burdens of Federal Regulation
Today members of the House Small Business Committee are hearing testimony on the burdens of federal regulation and the need for reform. Wayne Crews, Vice…
Cafe Hayek
Regulation by Markets, Not by Bureaucrats
Real Clear Markets
Corporate Welfare for XM/Sirius Competitors?
After a year's delay, Federal Communications Commission (FCC) Chairman Kevin Martin blessed Sirius Satellite Radio’s buyout of its competitor, XM. Martin is just one of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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