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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News Release
CEI Calls USA Act an “Important Step” to Restoring Separation of Powers
The Competitive Enterprise Institute supports the Unauthorized Spending Accountability (USA) Act of 2017, aimed at reducing and bringing transparency to executive branch spending. Ryan Young,…
Blog
This Week in Ridiculous Regulations
The Federal Register continues its slow march to the 20,000-page mark, but is still on pace for lowest page total since 1993.
Forbes
The Only Way Trump’s Washington Can Be Smaller In Four Years
There are now several moving and overlapping parts to President Donald Trump’s streamlining, swamp-draining, “deconstruction of the administrative state” agenda. Last week brought Office…
Blog
This Week in Ridiculous Regulations
The 2017 Federal Register had another sub-thousand page week, though it is still already more than 18,000 pages long.
Blog
In Wake of United Debacle, Give Airlines – and Travelers – More Flexibility
Most of the time it’s actually government policies that end up ruining a traveler’s day.
Blog
This Week in Ridiculous Regulations
Things remain slow on the regulatory front, with a large chunk of new rules being routine safety-zone and drawbridge scheduling regulations from the Coast Guard.
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