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
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 not…
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. Federal regulatory…
Study
Ten Thousand Commandments 2024
The hidden tax of regulation has proved appealing to lawmakers who feel the pressure of a national debt topping $34 trillion. Off-budget regulations requiring private…
Search Posts
Op-Eds
EU Is out of Step over Regulation of Modified Products
Sir, The premise of Steven Druker’s rant that the US criticises Europe’s application of the precautionary principle yet uses it itself (“America’s hypocrisy over modified…
Op-Eds
We eat only what we choose to
To answer John Gapper’s question (Who would be in Neville Isdell’s shoes?”) in his article “How to get fat on a healthy diet”…
Op-Eds
Market Distortion (Letter to the Editor)
Michelle Singletary’s premise that subsidies are market-distorting is indeed correct (“The Color of Money,” MoneyWise, May 2). The Higher Education Act prescribing these guarantees is…
Op-Eds
Does the European Union Believe in Ghosts?: An Unwarranted Fear of Tax Competition
A spectre is haunting Europe: the spectre of tax competition. The cause for this fear is the upcoming entry of 10 new members into the…
Op-Eds
“I Love Humanity; It’s People I Can’t Stand”
This is part 2 of a two-part series. To read part 1, please click here.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
The Broadcast Indecency Playground
Sticks and stones may break my bones but words will never hurt me—we’ve all heard that phrase before. It’s often said by children who are…
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