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
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…
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…
Search Posts
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Is the Obama Administration Anti-Business?
If President Obama has found it hard in responding to critics who accuse him of being “anti-business,” he really only has his own administration’s policies…
Blog
Facebook’s Fall and the Post-Sarbanes-Oxley “Cheers IPOs”
How Over-Regulation is Robbing Investors of Wealth from Smaller IPOs When I wrote pieces here and at the Daily Caller late last week injecting a…
Blog
H.R. 1909 — Unfinished Free-Market Business to Lift Barriers to Lending
They said it couldn't be done. That Congress couldn't pass a bipartisan bill in an election year to help the economy. Particularly one that lessens…
Blog
Techno-Phobic California Politicians “NHTSA” Google’s Driverless Car
Last week, I wrote about Google’s amazing new self-driving car, which CEI General Counsel Sam Kazman and I had the opportunity to test-ride in…
Blog
Congress Must End Taxpayers Vulnerability to Government Waste
Fraud and abuse continue to be a barrier to effective government. According to the Cato Institute’s 2009 report, fraud or improper payments in government…
Blog
Regulating Obama’s Regulators — And Those of Future Presidents
This month, President Obama released a new Executive Order building upon and making permanent the quest for regulatory savings in his…
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