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
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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a comparatively slow week for regulations, though agencies still published new rules ranging from bright lamps to train doors. On to the data:…
Fox Business
The Federal Government’s Vegetative Universe
Fox Business reports on Wayne Crews' study on the hard-to-detect regulations created by federal agencies, without Congress' approval, and their economic costs. The rules hit…
Blog
Regulatory Dark Matter
How do regulations get made? Agencies have to follow specific procedures, first outlined in the 1946 Administrative Procedure Act. The trouble is that many agencies simply…
Washington Examiner
Report: Obama admin winning the new regulations race
The Washington Examiner discusses Wayne Crew's report on the thousands of regulations that agencies pass each year. Federal agencies enacted 16 regulations for every one…
Investor's Business Daily
The Growing Threat Of “Dark Matter” Regulations
Investor's Business Daily reports on Wayne Crews' study on the growing regulatory burden created by executive orders, which are hard to detect. Author…
News Release
Mapping Washington’s Lawlessness: CEI Releases Inventory of How the Federal Government Interferes in Americans’ Lives
Today, the Competitive Enterprise released the first comprehensive report on how the executive branch goes around Congress, the American people, and the Administrative Procedure…
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