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: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
Blog
Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
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…
Search Posts
Forbes
After The Fireworks – “For What Did We Throw Off The Yoke Of Britain And Call Ourselves Independent?”
Well, everybody’s back from the beach or the lake, we’re done with our hot dogs and picnics and fireworks. We’re all back in our workplaces…
Blog
Red Tapeworm 2014: Over 24,000 Pen and Phone “Public Notices” Annually
This is Part 16 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the 4th of July holiday, but a busy one. Monday’s Federal Register topped 500 pages, and Tuesday alone saw 29…
Blog
Red Tapeworm 2014: A Fourth of July Reflection on Presidental Executive Orders and Loss of Liberty
In other countries, similar edicts may be known as decrees, orders in council, or fiat. -Wikipedia This is a special July Fourth Edition…
Blog
Red Tapeworm 2014: The Expanding Code of Federal Regulations
This is Part 14 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
Despotism-Lite? The Obama Administration’s Rule By Memo
Congress passed a few dozen bills last year that President Barack Obama signed into law. Outside the normal legislative process, though, federal agency regulations number…
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