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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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VIDEO: Report Card on Regulatory Reform
Earlier this week I had the good fortune to spend some time at the historic Mayflower hotel here in Washington, D.C. attending the Federalist Society’s 7th…
Blog
Re-Prioritizing Regulatory Reform
The 2019 edition of Wayne Crews’ Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State is out now.
National Review
President Trump Should Rediscover Regulatory Reform
President Trump, who made regulatory reform a priority early in his term, claims to have reduced federal regulatory burdens by $23 billion in fiscal year…
News Release
Federal Government Illegally Fails to Account for at Least $1.9 Trillion in Estimated Regulatory Costs
The Competitive Enterprise Institute (CEI) today released the 2019 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (10KC 2019), CEI’s annual survey of…
Products
Liberate to Stimulate
Download Chapter 11 as a PDF Policy makers frequently propose spending stimulus as a way to grow economies. It rarely goes well. A regulatory…
Products
Regulation and the Federal Communications Commission
Download Chapter 10 as a PDF The Federal Communications Commission is by no means the heavyweight among regulators as gauged by the number of…
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