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
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
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…
Blog
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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Blog
CEI’s Battered Business Bureau: The Week in Regulation
Last week’s raft of new rules covers everything from school lunch workers to Flugzeugbau gliders. On to the data: Last week, 65 new final regulations…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 1,000th new regulation of 2015 was published in Friday’s Federal Register, which itself hit the 25,000-page mark on the year. Even so, agencies are still…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big news in regulation for the week came from Canada, which made official its one-in, one-out policy for new regulations. New regulations from agencies…
Blog
Balanced Budgets and Regulatory Budgets
The Joint House-Senate Conference Meeting on the federal budget has begun. Chairman Tom Price of Georgia remarked: Completing a budget is one of…
Study
No Spoof
Several states had serious doubts about the validity of tax credits for individuals purchasing insurance on Obamacare's federally facilitated exchange as early as 2011. Questions still remain,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a fairly typical week, with nearly 70 final regulations and more than 50 proposed regulations hitting the books, covering everything from potato handling…
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