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
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Blog
The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Forbes
The U.S. Economy In 2017: Welcome Higher Growth
Forbes highlights Wayne Crews’s study on the number of federal regulations passed under the Obama administration. Today, there is less uncertainty in politics.
Blog
Best of the Blog 2016
Certain topics were especially popular with readers in 2016.
Blog
The 2017 Unconstitutionality Index: 18 Federal Rules for Every Law Congress Passes
Federal agencies in 2016 issued 18 rules and regulations for every law Congress passed.
Blog
Preparing for the Challenges and Opportunities of 2017
At this time of year, it is easy to focus on endings. The end of the general election campaign in November, however, also marked a…
Breitbart
Obama Oversees Year of Mass Regulation, Record 97,000 Pages of Red Tape
Breitbart highlights Wayne Crews’s report on the number of regulations passed during the Obama administration. President Barack Obama’s administration has added record levels…
Washington Times
Obama Sets A Record For Red Tape in 2016
The Washington Times discusses regulation under the Obama administration with Clyde Wayne Crews. Clyde Wayne Crews, CEI’s vice president for policy, said Republicans…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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