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 Fiscal Times
The Crushing Cost of Regulation: $4 Trillion Since 1980
The Fiscal Times mentions Wayne Crews's annual study on the cost of federal regulation. That's a big deal. The Competitive Enterprise Institute, in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register broke the 30,000-page barrier last week, with new regulations covering everything from baked beans to e-cigarettes. On to the data: Last week, 58 new…
Patriot Post
Killing Us Softly With Overregulation
The Patriot Post discusses Wayne Crews's annual report on the size and cost of federal regulation. Each year the Competitive Enterprise Institute, a…
Reuters
U.S. Global Investors Reports Financial Results for the Third Quarter of 2016 Fiscal Year
Reuters discusses the cost of federal regulation as analyzed in Wayne Crews's annual Ten Thousand Commandments report. The company's revenues have been hit…
Blog
Regulatory Cost Blowout: Burden Is Triple the Deficit, Greater than Personal and Corporate Income Taxes Combined
The last time the federal government balanced the budget was between 1998 and 2001. But those were days when a $2 trillion federal budget…
Blog
Ten Thousand Commandments
The brand new 2016 edition of Clyde Wayne Crews, Jr.’s Ten Thousand Commandments report is out now. You can read it here. If you…
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