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”…
Search Posts
Fox Business
What Small Business Owners Think About Income Tax
Fox Business cites Wayne Crews' work on regulatory compliance costs: With so much revenue potential when taxpayers and businesses thrive, one would…
CEI Planet
CEI Planet – Fall 2014
Blog
How Federal Paperwork and Red Tape Has Grown since President Clinton
In recent five-part series called The 2014 Federal Paperwork and Red Tape Roundup, I took a look at hours of paperwork for various departments and…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was business as usual, with new rules hitting the books on everything from political speech restrictions to butterflies to football broadcasts. On to the…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 5: Executive Agency Regulatory Costs
In Parts 1 through 4 of The 2014 Federal Paperwork and Red Tape Roundup we compiled a basic picture of federal paperwork costs with respect to…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 4: Independent Agency Paperwork Costs
A recent post here at OpenMarket noted the Annual Costs of Independent Agency Rulemakings and presented an annual cost placeholder of $6.14 billion annually stemming from compliance with…
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