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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Compliance Week
Coalition Urges Congress to Halt CFPB Rule on ‘Payday’ Loans
Compliance Week covers CEI’s coalition letter urging Congress to stop the CFPB’s payday-loan rule. On Feb. 6, 23 free market groups led by the…
Fox
Trump’s Assault On The Administrative State Will Benefit America
Fox News cited Competitive Enterprise Institute’s “Ten Thousand Commandments – An Annual Snapshot of the Federal Regulatory State” as proof of gross overspending by the…
WIRED
Outdated Auto Safety Regulations Threaten the Self-Driving Revolution
Self-driving cars should be welcomed for their substantial safety and mobility gains for the traveling public, especially the elderly and disabled. But the federal government’s failure…
Fox Business
Trump’s CFPB won’t be Obama’s: Key ways it could be different
Fox Business cited Iain Murray on the need for focus by the CFPB on upholding existing laws rather than imposing new ones. As the battle…
Forbes
Most Federal Agency Regulatory Guidance May Be Invalid, So Now What?
Forbes published an article by Clyde Wayne Crews, Jr. about the lack of firm rules beign established by federal agencies in stead copius “interpretive guidance”…
Reflections On The Evolution Of Trade Policy
Reflections On The Evolution Of Trade Policy
Forbes has published an article by Fred Smith detailing the effects of renegotiation and its effects on the North American economy as well as the…
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