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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Daily Signal
Congress Waits for Obama’s Final Regulatory Costs Report, Later Than Usual
The Daily Signal discusses the need for a regulatory budget with Wayne Crews. “The reason this matters to the general public is that we…
Blog
Celebrating Two Great Economists: Bruce Yandle and Julian Simon
I’d like to second my colleague Fred’s birthday wishes for the distinguished economist Bruce Yandle of Clemson University.
Blog
Next Administration Will Have to Try Harder on Regulatory Moratorium
In a speech yesterday to the Detroit Economic Club, Donald Trump proposed a moratorium on new federal regulations.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Congress is on its August recess, but agencies stayed busy with more than 2,000 Federal Register pages, 51 proposed regulations, and nearly 100 final regulations…
Blog
Tepid Economic Performance Argues for Cutting Government Red Tape
How is the economy doing? It’s a mixed picture.
Washington Times
Jump-starting America
The Washington Times cites the calculated cost of federal regulations from Wayne Crews's annual Ten Thousand Commandments report. Mr. Trump proposes a temporary…
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