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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
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Blog
The 2020 Election Actually Had Some Free-Market Victories
Neither presidential candidate has much interest in limited government. But over at National Review, I look at some neglected down-ballot victories…
Company News HQ
Uncertain Regulatory Relief at an Uncertain Time
Once the election dust settles, Congress will wrangle over another COVID-19 spending bill, but regulation will ultimately have greater impact on the recovery. Agencies have…
Blog
Regulatory Relief Needs Better Transparency
Getting rid of #NeverNeeded regulations is one of the most important policy responses to the COVID-19 pandemic. The short-term benefits are obvious, but the…
USAToday
Trump or Biden: Who would boost growth, restore jobs faster? Here’s an Election Day guide on the economy
USAToday cites Competitive Enterprise Institute on regulations in their article on election day guide. President Trump says he’ll continue to aggressively cut regulations. He initially promised to…
Blog
This Week in Ridiculous Regulations
The Los Angeles Dodgers won baseball’s World Series. GDP numbers bounced back in a big way, though the economy is still smaller than…
Wall Street Journal
Trump’s Already Won
Wall Street Journal cites Senior Fellow Clyde Wayne Crews on federal red tape. From the start of his presidency, Mr. Trump paired tax reform with aggressive…
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