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: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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…
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Washington Times
Policy group warns of secretive ‘regulatory dark matter’ within the federal government
The Washington Times reports on Wayne Crews's research on the practice of federal agencies regulating through guidance documents and blog posts. The government can regulate the…
News Release
Report: Washington’s “Regulatory Dark Matter” Devours Economy, Jobs
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Study
Why Congress Must End Regulation by Guidance Document
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Blog
Federal Agency “Guidance Document” Disclosure Gaps Show Congress Is in the Dark on Regulatory Overreach
In “A Quick and Dirty Inventory of Federal Agencies' Significant Guidance Documents,” I provided, well, a quick and dirty table depicting “significant” (usually, not always,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the number of new regulations in 2016 threatens the 1,000 mark, new rules cover everything from rural broadband to flatfish. On to the data:…
Forbes
Why President Barack Obama’s Executive Order On Competition Is Anti-Competitive
When you see a headline like “Obama to Sign Executive Order to Ignite Corporate Competition” you have to scratch your head at the premise,…
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