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
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Search Posts
Reason
Trump Can Gut Obama-Era Labor Regs Because They Were Never Meant to Last
Reason covers the Secretary of Labor Acosta’s decision to eliminate independent contractor rules. Eliminating a set of Obama administration rules for independent contractors…
Las Vegas Review-Journal
EDITORIAL: The Obama Regulatory Frenzy
Las Vegas Review-Journal covers Ten Thousand Commandments by Clyde Wayne Crews Jr. With the 24/7 focus on Donald Trump’s every move and comment,…
Independent Journal Review
Bye-Bye, Regulations! Trump Cuts Regulations with a Zeal Not Seen Since Reagan
Independent Journal Review covers Ten Thousand Commandments by Clyde Wayne Crews Jr. Throughout his campaign, President Donald Trump promised to shrink the…
National Review
Here’s Three Things the President Should Do in His Executive Reorganization
Today is the last day for the public to submit ideas for the reorganization of the executive branch that the President announced in his…
WMAL
AUDIO: Marc Scribner Discusses Air Traffic Control Reform on WMAL
Marc Scribner, senior fellow at the Competitive Enterprise Institute, discusses Air Traffic Control Reform on the Larry O’Connor Show on WMAL.
The Washington Times
Trump Wages Battle Against Regulations, Not Climate Change
The Washington Times discusses President Trump’s decision to withdraw from the Paris Climate Agreement with Myron Ebell. WASHINGTON (AP) – While President Donald…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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