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…
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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…
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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…
Search Posts
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Legal Challenge to Michigan Union Power Grab
With the Detroit auto industry floundering, the United Auto Workers is turning its attention to…day care provider. And to do so, the UAW partnering with…
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Regulation of the Day 75: Food Containers
The Code of Federal Regulations contains 28 sections on food containers. Metal, glass, plastic, flexible, rigid – if you can put food in it, there…
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Government Employee Pensions’ Threat to New Jersey’s Fiscal Health
New Jersey residents pay the highest state and local taxes in the nation, notes the New Jersey Taxpayers’ Association (NJTA). And what do they get…
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CEI Weekly: CEI Starts Gore Debate Fundraiser
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the start of CEI's Pledge-a-Dollar-to-Debate Campaign. The campaign's goal is…
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“Obama Warns on Dangers of US Debt”
This morning I read with interest – and amazement – the above headline. Does our president live in the same world that I inhabit? He’s…
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“I Can’t See the Objection”
The National Federation of the Blind and the American Council of the Blind are seeking a preliminary injunction in federal court to stop…
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