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…
Search Posts
Blog
The Highway Bill and Sen. Jeff Bingaman’s Anti-P3 Propaganda
I've written extensively about federal surface transportation reauthorization, which is currently pending in conference. CEI, along with The Independent Institute and Reason Foundation,…
Study
Ten Thousand Commandments 2012
The scope of federal government spending and deficits is sobering. Yet the government’s reach extends well beyond the taxes Washington collects and its deficit spending…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new final rules and 1,577 new Federal Register pages covering everything from sunscreen to commericial driver's licenses.
Blog
Austerity Is Mythical, But It Would Have Real Benefits
Left-leaning commentators are wrong to decry “austerity” in Europe, since, as the Richmond Times-Dispatch notes, such “austerity” is largely mythical: European nations have not…
Blog
Framing the Debate on Chemical Regulation
Last week, CEI hosted a congressional briefing on chemical policy and regulation (the video of the event is forthcoming). A news story in…
Blog
Why JPMorgan Chase’s Mark-to-Market Losses Don’t Bolster Case for Volcker Rule
There is much still to be known about the $2 billion in losses JPMorgan Chase is reporting due to a flawed hedging strategy. But this lack of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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