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
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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…
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Ponzi’s Scheme: The True Story of a Financial Legend
Full Document Available in PDF Many have heard…
CEI Planet
April Issue of CEI’s Monthly Planet
Full Document Available in PDF Environmentalism, RIP? Not So Fast, by Angela…
Op-Eds
What Storm-Tossed FDA Needs
President Bush's nominee to head the Food and Drug Administration, Dr. Lester Mr. Crawford, faces daunting challenges. As acting commissioner for most of…
Op-Eds
A Poor Helmsman Navigates FDA’s Perfect Storm
The President's nominee to head the FDA, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past four years, Crawford…
Op-Eds
Bush’s Nominee is Wrong Guy for FDA at this Critical Time
The president's nominee to head the Food and Drug Administration, Lester Crawford, faces daunting challenges. As acting commissioner for most of the past…
Op-Eds
California’s Bogus Baby Bottle Scare
The California State Assembly is about to consider legislation intended to frighten parents about the safety of baby bottles, teethers, pacifiers and other…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment