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 week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Search Posts
Blog
Export-Import Bank Drama Continues
The Senate’s main business right now is the annual Defense Appropriations bill. The Export-Import Bank, or Ex-Im for short, might become part of that bill.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new regulations for the year exceeded the 1,500 mark last week, with new rules covering everything from seatbelts to suckerfish. On to the…
Blog
RealClear Radio Hour: Common Sense Economics
At CEI’s 2016 annual dinner—A Night in Casablanca!—in DC, I caught up with three interesting gentlemen for a dose of common sense economics.
Washington Examiner
Fighting Back Against Obama’s Regulatory Regime
The Washington Examiner mentions CEI's calculation of the cost of federal regulations. It's hard to find anything much more detrimental to economic growth…
Law 360
GOP’s Swing At Dodd-Frank Could Give Banks Edge In Court
Law 360 discusses eliminating the Cheveron deference with William Yeatman. Backers of such moves say there are both principled as well as political…
Blog
Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers
When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…
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