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.
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Blog
DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters story claiming…
Blog
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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Chapter 14: Government Accountability Office Database on Regulations
The federal government’s reports and databases on regulations serve different purposes: The Federal Register details and depicts the aggregate number of proposed and final rules—both…
Products
Chapter 16: Liberate to Stimulate: Framing an Agenda for Rightsizing Washington
It should be hard to enact bad law and regulation, not to get rid of them. A whole-of-government spending and regulatory agenda like the one…
Products
Chapter 12: Federal Regulations Affecting Small Business
Given discrepancies seen in the final rule counts, the overall counts of both small business rules and significant small business rules could also be understated.
Study
Ten Thousand Commandments 2023
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
Products
Chapter 7: The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Executive orders, presidential memoranda, presidential directives, ersatz fact sheets of recent administrations, and other executive proclamations make up a substantial component of what has replaced…
Comment
Comment to FAST-41 Steering Council on reducing scope of mining industry
John G. CossaGeneral CounselFederal Permitting Improvement Steering Council1800 M St. NW, Suite 6006Washington, DC 20036 Submitted via Regulations.gov November 22, 2023 RE: Permitting Council Docket…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment