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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The Washington Examiner
Trump’s Transition Chiefs Urge Him to Stay the Course On Auto Rollback
The Washington Examiner cited Myron Ebell in his signing a joint letter to the president urging him to stay on course in reforming auto emissions…
Investor's Business Daily
Spending Reform: The Flip Side of Federal Tax Reform
IBD cited Wayne Crews on just how much of a tremendous burden is being imposed upon the national economy by federal regulations. We…
InsideSources
Fed Labor Board Looks to Undo Obama-Era Rule
InsideSources cited Trey Kovacs on the importance how the National Labor Relations Board new joint employer rulemaking will benefit businesses and workers by aiding to…
News Release
Net Neutrality Regulations Are Not Neutral, Harm Innovators and Consumers
A group of Senators are pushing for a vote on a Congressional Review Act (CRA) resolution to overturn the Federal Communications Commissions’ (FCC) Restoring Internet…
Blog
Trump Administration Regulatory Agenda Released
Today the Trump administration released the Spring 2018 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
Blog
‘10,000 Commandments’ in the News
The 25th anniversary edition of the Competitive Enterprise Institute’s regulatory reform study “10,000 Commandments” has received a warm welcome since it was released…
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