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: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
Blog
The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Search Posts
Blog
The Barack Obama Regulatory State Towers over that of Bush
A glance at the overall count of rules and regulations leads one to suppose regulatory burdens are decreasing. After all, since Obama took office the…
Products
Ten Thousand Commandments 2018 – Executive Summary
Download the Executive Summary as a PDF Spending and deficit restraint are vital to the nation’s economic health. But the cost…
Study
Ten Thousand Commandments 2016
Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope and cost of federal regulations, and how they affect American consumers, businesses,…
Products
9,999 Commandments? Six Ways Rule Flows Were Reduced or Streamlined in 2017
Download Chapter 1 as a PDF Rather than jump directly into the numbers of rules and regulations, this year’s Ten Thousand…
Products
Toward a Federal Regulatory Budget
Download Chapter 2 as a PDF When Congress spends money, a certain degree of disclosure helps voters hold their representatives accountable. Federal…
Products
The Cost of Regulation and Intervention
Download Chapter 3 as a PDF Regulation and spending are related; both are implements by which governments act or compel individuals. Therefore, policy…
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