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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
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.”…
Blog
Examining Agency (Over)Use of Regulatory Guidance Documents
Today the U.S. Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management conducted a hearing on "Examining the Use of Agency…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment