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
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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Blog
Britain’s Brexit Challenge Gets Harder—and It’s Britain’s Fault
Leaving a regional trade bloc is much more difficult than entering it, as the United Kingdom is finding out. The European Union has integrated itself…
Forbes
Born Or Made? Personal Characteristics that Influence Entrepreneurship
Regulation is one of the more important influences on entrepreneurship around the world, and modern scholars have explored what the see as key conceptual and…
Bloomberg
VIDEO: Ryan Radia Discusses the Supreme Court and the Regulatory State on Bloomberg
Ryan Radia, Research Fellow and Regulatory Counsel at the Competitive Enterprise Institute, joined Bloomberg Markets to discuss the Supreme Court's impact on the regulatory state.
Compliance Week
Counterpoint: Chevron Case Creates Imbalance
The famous passage from James Madison in the Federalist Papers, Essay 51—“If men were angels, no government would be necessary”—reveals where the problems lie with…
Blog
This Week in Ridiculous Regulations
America celebrated its 242nd birthday on Wednesday, and new tariffs on $34 billion worth of Chinese goods came into effect on Friday. Meanwhile, during a…
Forbes
Americans Celebrate July 4th — But Can They Celebrate Independence?
News reports on Fourth of July polling pointedly distinguish between “proud to be an American” and “proud of America now,” in a way less apparent…
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