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.
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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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American Thinker
Regulatory Dysfunction
American Thinker references Wayne Crews's study on the cost of government regulations. In a 2008 review of the cost of government regulations entitled…
Blog
Alcohol Regulation Roundup: April 6, 2011
Nation: Wine shipping is once again being threatened by federal legislation threatening to overturn Supreme Court decisions that clearly made it illegal for states…
Blog
Paul Ryan’s Budget Proposal is Half the Answer
This morning, Rep. Paul Ryan (R-Wisc.) unveiled a bold proposal to trim trillions off America’s bloated budget. It represents the only serious proposal out there…
Blog
CEI Podcast for April 5, 2011: Reforming the Railway Labor Act
Russ Brown, a vice president at the Labor Relations Institute and a CEI Adjunct Analyst, talks about recent changes made to the Railway Labor Act…
Blog
House Rejects Obama-Backed, Pro-Union Amendment to FAA Reauthorization Bill
This afternoon, the House passed the FAA Reauthorization and Reform Act of 2011. Perhaps the most contentious issue debated was a provision of the legislation that…
Blog
Meritless, Massive Class Action Lawsuit Against Wal-Mart Should Be Dismissed
As a lawyer who used to bring class-action discrimination lawsuits for a living, I am puzzled by press sympathy for the massive, meritless class-action lawsuit…
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