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
The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
Blog
The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
Blog
Minimum lot sizes, maximum costs
When Americans think about the housing affordability debate, they tend to picture cranes, lumber prices, or mortgage interest rates. It is certainly important to focus…
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CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register surpassed 40,000 pages last week, with new rules ranging from lights on farm equipment to grading raisins.
E&E News
Panel features critic of ‘regulatory dark matter’
E&E News reports on Wayne Crews testifying on federal agencies regulating through guidance documents before a Senate subcommittee. The conservative scholar who writes the…
News Release
Federal Regulatory Budget Is Worth the Effort
Today, the Competitive Enterprise Institute released Toward a Federal Regulatory Budget, a paper that examines why and how Congress must take a more proactive…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register will surpass 40,000 pages next week, and is on pace to exceed 85,000 pages for the first time in its 80-year…
Blog
Building on the Optimism of “Uber-Positive” Attitudes
There’s a new resource for understanding the state of play between politics and developments in the sharing economy, the pleasantly slim volume by the Manhattan…
Daily Caller
Upholding Net Neutrality Will Put Us Back In The Slow Lane
The Daily Caller reports on the cost of federal regulations with Wayne Crews. This is but one recent example of the unintended consequences…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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