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.
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This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s dictatorship…
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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
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This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
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Chapter 11: Notable Rules and Rulemakings by Agency
In recent Unified Agenda editions and in other venues, federal agencies have noted the regulatory initiatives listed below, among many others pending or recently completed.
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Chapter 14: Government Accountability Office Database on Regulations
The federal government’s reports and databases on regulations serve different purposes: The Federal Register details and depicts the aggregate number of proposed and final rules—both…
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Chapter 16: Liberate to Stimulate: Framing an Agenda for Rightsizing Washington
It should be hard to enact bad law and regulation, not to get rid of them. A whole-of-government spending and regulatory agenda like the one…
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Chapter 12: Federal Regulations Affecting Small Business
Given discrepancies seen in the final rule counts, the overall counts of both small business rules and significant small business rules could also be understated.
Study
Ten Thousand Commandments 2023
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…
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Chapter 7: The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Executive orders, presidential memoranda, presidential directives, ersatz fact sheets of recent administrations, and other executive proclamations make up a substantial component of what has replaced…
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