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 week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
Politico
Congress is back!
Politico's Morning Energy mentions Wayne Crews's report on a federal regulatory budget. The House has all the committee action on the energy front,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Maybe the recently-passed Congressional Review Act deadline we wrote about earlier hasn’t had much effect on midnight regulators.
Blog
Senate Gazes at Regulatory Dark Matter
The Senate Subcommittee on Regulatory Affairs and Federal Management held a hearing yesterday, Examining the Use of Agency Regulatory Guidance, Part II, featuring testimony from…
Blog
Toward a Regulatory Budget
How much should the U.S. government spend on defense? How much on health care? Or energy, or technology?…
Newsmax
What We Can Learn From Britain’s Exit
Newsmax discusses Wayne Crews's annual report on the size and cost of federal regulations. Some regulations make sense. Most libertarians could accept the…
Blog
Will the Sharing Economy Give Us Greater Economic Mobility?
Last night the R Street Institute sponsored a fascinating policy panel here in Washington, D.C., “Boost or Barrier? Upward mobility in the on-demand economy.”…
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