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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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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Morning Media Summary
Tech: Facebook: Goldman Sachs excludes US investors from deal: “Investors from outside America will be able to take part in…
Op-Eds
Obama Needs To Confront Regulation
Today President Obama released an Executive Order called “Improving Regulation and Regulatory Review.” It calls for a government-wide review of rules,…
News Release
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
Contact: Christine Hall, 202-331-2258 Lee Doren, 202-331-2259 Washington, D.C., January 18, 2011 – Today, the Financial Stability Oversight Council is issuing recommendations for implementing…
News Release
Obama Executive Order on Reg Reform – Far Too Little, Far Too Late
Washington, D.C., January 18, 2011 — Statement by Wayne Crews, CEI Vice President for Policy Today, President Obama released an Executive Order called…
Fox News
Jobs and Regulation — Is Obama Finally Getting Serious About Solutions?
Fox News discusses the size of the regulatory state with Wayne Crews. According to the Competitive Enterprise Institute’s Wayne Crews, the regulatory state stood…
Government Executive
Obama orders review of agency regulations
Government Executive discusses executive overreach and its effects with Wayne Crews. But others said the changes are too little and too late. The…
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