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 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…
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A Balanced Budget Isn’t The Primary Goal
Over at the Daily Caller, Wayne Crews and I take a look at Rep. Paul Ryan's proposed budget, the Path to Prosperity. While it would…
Forbes
Bee-ing Smart: Regulators Must Distinguish Activists’ Bad Dreams From Actual Evidence
Important technologies commonly face opposition from various quarters – often from vested interests, societal Chicken Littles or overly precautionary regulators. Examples include vaccination, fluoridation of…
Blog
Will Regulators Fail To Learn From The Past Mistakes Of U.S. Railroad Regulation?
The history of U.S. railroads provides an interesting case study on federal regulation. They were the first sector of the economy to come under heavy…
Blog
Should Agencies Be Self-Funded?
If an agency is doing a poor job pursuing its mission, it needs to be held accountable; there is a reason Congress holds the power…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
69 new regulations, from grading almonds to lost luggage.
Blog
Sequester Show May Not Have Jumped The Shark, But Its Format Has Changed
Are you watching the Sequester Show? In today's Wall Street Jorunal, my friend Kim Strassel says the sequester drama has "jumped the shark," a phrase used when…
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