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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Op-Eds
There Is No ‘Regulation Day’ to Remind Us How Much They Cost
Every year we are reminded how much money the government filches from us on Tax Day. However, there is no equivalent ‘Regulation Day’ to remind…
Forbes
The Economy Needs A ‘Deregulatory Stimulus’
Forbes references Wayne Crews's study on regulation. Assessing the width and breadth of the regulatory state is Clyde Wayne Crews of the Competitive…
Cato At Liberty
If There Were An Annual ‘Regulation Day’
Cato at Liberty points to the writings on regulation of experts Iain Murray and Wayne Crews. As Iain Murray points out at National…
New American
CEI Targets Regulations in Annual Report
The New American highlights the report on the regulatory state by Wayne Crews. The Competitive Enterprise Institute released a report today entitled Ten…
Blog
YouTube Introduces “Copyright School” to Educate Infringing Users
In the ongoing copyright debates, areas of common ground are seemingly few and far between. It's easy to forget that not all approaches to…
Washington Times
Trillion Dollar Rules
The Washington Times features Wayne Crews's study on the size of the federal regulatory state. As a fitting finale for tax season, keep…
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