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
CEI Podcast — December 21, 2010: What’s Next for Immigration Reform?
CEI Policy Analyst Alex Nowrasteh goes over the good and the bad of the DREAM Act, which recently stalled in the Senate, and offers his…
Blog
Morning Media Summary
Tech: FCC to Vote on Internet Regulation Plan Despite Economic Warnings: “Lawmakers are on high alert as the Federal Communications Commission prepares…
Study
Clarify the Role of Intellectual Property in the Economy
Full Document Available in PDF Copyright and patent laws protect…
Study
Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
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Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
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Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
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