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
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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News Release
New Ten Thousand Commandments report evaluates the sweeping hidden tax of regulation; Provides definitive assessment of Trump deregulatory legacy
The Competitive Enterprise Institute issued Ten Thousand Commandments 2021: An Annual Snapshot of the Federal Regulatory State today, a report by Vice President…
Blog
The 2021 Edition of Ten Thousand Commandments Is Out Now
How much does regulation cost? It’s hard to tell, due to a lack of transparency. The government is legally required to tell the public…
Products
Tens of Thousands of Pages and Rules in the Federal Register
Download Chapter 5 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its…
Products
Liberate to Stimulate
Download Chapter 10 as a PDF Policy makers frequently propose spending stimulus to grow or strengthen economies. That was certainly the case in the…
Products
Another Dimension of Regulatory Dark Matter: Over 22,000 Public Notices Annually
Download Chapter 7 as a PDF Without actually passing a law, government can signal expectations and influence various industries—including health care, retirement, education, energy…
Products
What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
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