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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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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News Release
CEI Report Proposes Legislation to Stop Future Congresses from Exploiting National Crises to Grow Government
WASHINGTON—The United States has been rocked by three major economic crises so far in the 21st century—the 9/11 terror attacks, the 2008 financial crash, and…
Study
The Case for Letting Crises Go to Waste
Executive Summary An Abuse-of-Crisis Prevention Act to reaffirm boundaries of politicians and the legislation they can pass has become necessary to the survival of limited…
Blog
A Brief Outline of a Regulatory Report Card Congress Should Enact
Measure what is measurable, and make measurable what is not so. — Quote frequently attributed to Galileo, that, alas, probably was not his.If I…
The Washington Examiner
Warning: Biden’s Costly Overregulation Turns ‘Extreme’
The Washington Examiner cites Vice President for Policy and Senior Fellow Wayne Crews on President Biden’s Trucking Action Plan and Vice President Kamala Harris’ federal…
National Review
If You Really Want Broad-Based Prosperity, Dismantle the Regulatory State
National Review cites Vice President for Strategy Iain Murray on dismantling the regulatory state: So argues Iain Murray of the Competitive Enterprise Institute in …
Law & Liberty
Dismantling the Regulatory State
Samuel Gregg’s lead article adroitly sketches the opportunities and obstacles to America building a broad-based economy, but I want to focus on one particular…
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