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
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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National Review
Here’s Three Things the President Should Do in His Executive Reorganization
Today is the last day for the public to submit ideas for the reorganization of the executive branch that the President announced in his…
WMAL
AUDIO: Marc Scribner Discusses Air Traffic Control Reform on WMAL
Marc Scribner, senior fellow at the Competitive Enterprise Institute, discusses Air Traffic Control Reform on the Larry O’Connor Show on WMAL.
The Washington Times
Trump Wages Battle Against Regulations, Not Climate Change
The Washington Times discusses President Trump’s decision to withdraw from the Paris Climate Agreement with Myron Ebell. WASHINGTON (AP) – While President Donald…
Washington Examiner
Trump Delivering Biggest Cut in Regulations Since Reagan
Washington Examiner covers Ten Thousand Commandments by Clyde Wayne Crews Jr. It was odd that a seemingly boring campaign line calling for…
Opposing Views
Trump the Most Anti-Regulation President Since Reagan
Opposing Views covers Ten Thousand Commandments by Clyde Wayne Crews Jr. While much of President Donald Trump’s legislative agenda has been stalled by…
Politico
Chao Floats ‘Page Limit’ for Environmental Reviews
Politico covers CEI’s Annual Dinner and Reception. Transportation Secretary Elaine Chao tonight pitched the administration’s $1 trillion infrastructure vision to an audience of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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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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