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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Washington Examiner
Congress needs to end regulation without representation
Taxation without representation is the antithesis of freedom and runs counter to the basic principles guiding our nation. So why is regulation without representation…
News Release
‘Ten Thousand Commandments’ report on federal regulation exposes Washington’s big costs, little accountability
The Competitive Enterprise Institute today released its annual report on the federal regulatory state, Ten Thousand Commandments by Clyde Wayne Crews.
Products
Chapter 5: Regulatory dark matter: Executive orders and memoranda
Although executive actions ostensibly deal with the internal operations of the federal government, they increasingly can have binding effect and influence private behavior. Executive orders,…
Products
Chapter 6: More than 22,000 agency public notices annually
Along with the few dozen presidential memoranda and other proclamations are the thousands that issue from departments and agencies. Through various species of guidance documents,…
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Chapter 13: Needed: An agenda for rightsizing Washington
Rule counts regularly topped 4,000 in the 1990s. That is the wrong comparison for Biden’s lower rule counts. His fewer rules have higher costs, are…
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Chapter 4: The expanding Code of Federal Regulations
The page count in the Code of Federal Regulations (CFR)—where the Federal Register’s rules come to rest in small print in bound volumes of magenta,…
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