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
Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
Blog
The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
Blog
Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and reforms…
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Products
Chapter 8: The “Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions”
Along with the Report to Congress, Federal Register, and Code of Federal Regulations, another vehicle for regulatory disclosure is the spring and fall editions of…
Products
Chapter 9: Federal regulations affecting small business
The aforementioned National Association of Manufacturers (NAM) report found that average annual per-employee regulatory costs to firms vary by firm size in a way that…
Products
Chapter 3: Page counts and numbers of rules in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its number of pages is often cited as…
Study
Ten Thousand Commandments 2024
The hidden tax of regulation has proved appealing to lawmakers who feel the pressure of a national debt topping $34 trillion. Off-budget regulations requiring private…
Products
Chapter 1: Biden’s whole-of-government regulatory philosophy
Prior editions of Ten Thousand Commandments extensively surveyed the Biden administration’s whole-of-government campaigns and the role of executive actions, rules, and memoranda in their pursuit.
Testimony
Wayne Crews testimony before the Committee on House Administration: “Congress in a Post-Chevron World”
Introduction Chairman Steil, Ranking Member Morelle, and Members of the House Committee on Administration, thank you for the opportunity to testify today on issues surrounding…
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