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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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News Release
New Video: Cheers to Repeal Day!
Washington, D.C., December 4, 2007—The Bureaucrash Activist Network is releasing a new video just in time to celebrate the repeal of Prohibition…
Newsletter
CEI Daily Update
Issues in the News 1. HEALTH New drug approvals by the Food and Drug Administration decline dramatically. CEI Expert Available to Comment: Adjunct Scholar…
News Release
Congress Moves to Restrict Access to Home Loans
Washington, D.C., November 15, 2007—Today the U.S. House of Representatives will likely pass a new law that would limit access to home mortgages in…
Op-Eds
This just in
Mark Allen’s "FCC should face reality" [guest commentary, Nov. 8] rightly points out the negative effects of the FCC’s media-ownership rules. One not…
Op-Eds
The Subprime FHA
After two months of economic jitters over bad lending decisions, it looks as if the credit markets may have turned a corner. The stock…
Newsletter
CEI Daily Update
Issues in the News 1. TECHNOLOGY Cities across the country cancel…
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