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
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Search Posts
The Hill
When a Bureaucrat Asks for Less Power, Give it to Him
Former Congressman Mick Mulvaney is now a bureaucrat — so he proclaimed at a Congressional hearing on April 18. The acting director of…
Blog
This Week in Ridiculous Regulations
The big news this week was the release of the 2018 edition of Ten Thousand Commandments. Agencies continued to provide fodder for next years edition…
Blog
Lessons for Congress from ‘10,000 Commandments’: Regulatory Budgets
One of the lessons learned from this year’s “10,000 Commandments” study is that Congress needs to be more involved in the regulatory process. It needs…
Blog
The Changing Face of Selling Liberty Online
We’ve been publishing and promoting the study for many years, and our strategies and methods have changed as the years have gone by. When we…
USA Today
Trump is Cutting Through Regulations, but Only Congress Can Make it Last
Eventually, politicians will be forced to get spending and deficits under control, but regulatory reforms are just as important to keep the economy growing and…
Blog
‘10,000 Commandments’ at 25: What Have We Learned, What’s to Come?
Wayne Crews has ably documented the regulatory state for twenty-five years and running. But what will the next twenty-five years of “10,000 Commandments” look like?…
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