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: 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…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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News Release
Report: Federal regulatory burden undermines economy, financial security
A new report from the Competitive Enterprise Institute tallies the huge and growing cost federal regulations impose on American businesses and families –…
Products
Chapter 5: 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…
Products
Chapter 3: Getting Beyond a Federal Regulatory Budget and the Limitations of Administrative Reform
Federal programs are funded either by taxes or by borrowing, with interest, from future tax collections. When Congress spends, no one questions that disclosure…
Products
Chapter 6: The Expanding Code of Federal Regulations
The page count in the Code of Federal Regulations (CFR), where the Register’s rules come to rest in small print, is not as dramatic…
Products
Chapter 9: A Note on Rule Reviews at OMB’s Office of Information and Regulatory Affairs
Tracking the effects of rules and regulations, executive orders, memoranda, and regulatory guidance is vital. These alternative regulatory actions have become powerful means of working…
Products
Chapter 13: Federal Regulations Affecting State and Local Governments
Ten Thousand Commandments primarily emphasizes federal regulations imposed on the private sector. However, state and local officials’ complaints over federal mandates’ overriding their own…
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