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…
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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…
Search Posts
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This Week in Ridiculous Regulations
The number of new final regulations this year passed the one-thousand mark. While many of the new rules are delays or repeals of older rules,…
Blog
This Week in Ridiculous Regulations
Another droll week on the regulatory front, with new rules ranging from UHF television to restaurant menus.
News Release
April Jobs Report Still Falls Short, Regulatory Reform Needed
The jobs report for April, 2017 shows decent but not spectacular progress, says the Competitive Enterprise Institute’s Iain Murray. Though the economy added 211,000 jobs in April…
The Fiscal Times
How Congress Could Make Steve Bannon’s Wildest Dream Come True
The Fiscal Times discuses regulatory reform barriers that the administration faces with Wayne Crews. But as Wayne Crews of the right-wing Competitive Enterprise…
Washington Times
Pulling the Administrative State off Autopilot
Reducing burdensome regulations could unleash the full potential of America This past weekend marked President Trump’s 100th day in office. While tax cuts and health…
Blog
Celebrate National Small Business Week
There is no better way to celebrate National Small Business Week than for the Trump administration to rollback red tape that discourages business formation and…
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