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
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Forbes
Obama’s Midnight Regulations To Get Increased Scrutiny From Congress And Trump
House Majority Leader Kevin McCarthy (R-California) and other Republican leadership members just sent a letter to Obama administration regulatory agency heads telling them to…
Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative…
Blog
Federal Register Tops 80,000 Pages, 3rd Highest Ever Count
Today’s Federal Register added 572 pages, and stands at 80,562 pages for 2016.
Blog
Congress Should Use REINS Act to Reform Regulation
CEI released a new report today about the REINS Act, which would require Congress to vote on all new executive branch regulations costing more than…
Science Magazine
Trump and next Congress could quickly erase scores of major regulations
Science Magazine speaks with Clyde Wayne Crews on recent significant rules that Congress should consider repealing. One conservative analyst, Clyde Wayne Crews Jr.
Washington Examiner
New push to vet regulations, cut $15,000 ‘hidden tax’ on all households
Washington Examiner highlights Ryan Young's report on the Regulations from Executive Need of Scrutiny Act. The newly influential Competitive Enterprise Institute Tuesday launched…
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