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: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
Search Posts
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…
Products
Thousands of Pages and Rules in the Federal Register
Download Chapter 4 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although…
Products
Presidential Executive Orders and Executive Memoranda
Download Chapter 5 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking” but…
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