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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FEE
Households Face Up to $14,000 in ‘Hidden’ Federal Taxes Every Year, New Report Reveals
FEE cites CEI’s 10KC study by Vice President for Policy Wayne Crews: The fiscally-conservative Competitive Enterprise Institute (CEI) just released its…
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…
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