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 regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Blog
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…
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Cato Unbound
The Administrative State Lacks Its Own Justification: Expertise
Legitimacy notwithstanding, we tend to discuss the administrative state as if it is a functioning expert entity, taking expertise in its divisions for granted. But…
Daily Caller
Feds Publish Over 2,000 Pages Of New Regs In ONE WEEK
The Daily Caller discusses new rules published in the Federal Register with Ryan Young. The Obama administration has been busy implementing what remains…
Blog
Inequality: Policies That Work, and Policies That Don’t
CEI recently released a pair of papers by Iain Murray and me about economic inequality. The first encourages activists to ask the right questions: think…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Congressional Review Act deadline for the possible midnight regulation rush has now likely passed, though the Federal Register once again topped 2,000 pages last week. That…
Blog
Federal Regulations Affecting Small Business
It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…
Cato Unbound
On the Administrative State’s Illegitimacy
"Who is better than overreaching bureaucrats to decide when the bureaucrats are overreaching?” That was one respondent’s characterization of the mindset that provoked the recently…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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