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
Flood Insurance Stymied by Federal Government
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Op-Eds
CEOs, Like Athletes, Compensated For Their Successful Performances
I am by no means a sports fanatic, but there are times I wish that typical business stories would be more like sports…
Newsletter
CEI Daily Update
Issues in the News 1. FINANCE Federal Reserve chairman Ben Bernanke testifies before Congress on the alleged abuse of “subprime” loans. …
News Release
New Study Charts the Growth of Environmental Law
Washington, D.C., July 17, 2007—According to a new study from the Competitive Enterprise Institute, the conventional idea that progressive environmental causes suffer under conservative…
Newsletter
CEI Daily Update
Issues in the News 1. HEALTH California officials issue a West Nile virus public health alert. CEI Expert Available to Comment:…
Newsletter
CEI Daily Update
Issues in the News 1. ECONOMICS The federal budget deficit drops to $205 billion…
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