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
Study
How to Dismantle the Interior Department
Full Document Available in PDF The Department of the Interior was…
Study
The Economic Fallacies of Demand-Side Management
Full Document Available in PDF Recent years have seen the emergence of…
Study
Home Not Alone: New York’s War on Landlords
Full Document Available in PDF The key to rent…
Study
Property Rights Fact and Fiction
Full Document Available in PDF The rise of property rights activism was…
Study
Property Wrongs: The Growth of Federal Land-Use Control
Full Document Available in PDF In the spring of…
Study
Public vs. Private Land Management: Which is Better for the Environment
Full Document Available in PDF The…
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