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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Reason
Federal Regulations Are Making the Grocery Store Supply Crunch Worse
Reason cites Senior Fellow Gregory Conko on FDA food regulations: “It’s not terribly unreasonable to have these sort of minimal safety rules remain…
Washington Examiner
COVID-19 is Changing Politics in Ways Good and Bad
The Washington Examiner cites CEI’s #NeverNeeded campaign: At the same time, a great many petty regulations are being scrapped. Rules on plastic bags,…
Blog
This Week in Ridiculous Regulations
Please do all you can to keep yourself and your loved ones safe. Hopefully Congress will also act on some of the #NeverNeeded regulations that…
Blog
California’s #NeverNeeded AB5 Is Harming the Coronavirus Response
California’s AB5 law was already backfiring before the COVID-19 pandemic hit. It has cost thousands of jobs—many of which are home-based. During a time of…
Blog
VIDEO: Road Map to Reopening
The U.S. Chamber of Commerce hosted a fascinating video conference this week entitled “Big Picture: Road Map to Reopening,” with the Chamber’s Suzanne Clark and…
Washington Examiner
How The White House “Guidance For Regulation Of Artificial Intelligence” Invites Overregulation
Excessive top-down federal funding and governance of scientific and technology research will be increasingly incompatible with a future of lightly regulated science and…
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