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
News Release
Biden’s ‘Modernizing Regulatory Review’ Executive Order Will Undermine Review
President Biden yesterday issued an “Executive Order on Modernizing Regulatory Review,” by which “modernizing” apparently means undermining transparency and disclosure and pushing a radical…
Blog
This Week in Ridiculous Regulations
Finland, which borders Russia, is joining NATO. Former President Donald Trump was indicted by a grand jury. Meanwhile, agencies issued new regulations ranging…
Forbes
The “Guidance Out Of Darkness Act” Is The Low-Hanging Fruit Of Regulatory Reform
We often marvel that we don’t actually know how many federal agencies exist. And the number of “commissions” and programs (many expired…
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Publication
Executive Summary – Ten Thousand Commandments 2022
Download the Executive Summary as a PDF The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary,…
Publication
Executive Summary – Ten Thousand Commandments 2022
The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary, entitlement, and interest spending of $6.822 trillion in…
Publication
Chapter 9: Government Accountability Office Database on Regulations
The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number of proposed and final rules—both those that…
Study
Ten Thousand Commandments 2022
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…
News Release
Report: Biden Upends Role of Federal Regulators to Seek Climate, Social Justice Policies
A new Competitive Enterprise Institute report documents how regulations imposed by the federal government on the private sector have radically shifted since President Biden…
Federal News Network
A snapshot of federal rule-making and its wide scope
Rulemaking is one of the most widespread activities in the federal government. And while there are extensive rules for rulemaking itself, the extent of annual…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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