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…
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RealClear Policy
Bill Clinton’s Too Spiteful to Help Govern
Bill Clinton, Back to Work: Why We Need Smart Government for a Strong Economy Alfred A. Knopf (New York), 2011, 208 pages, $23.95 Reviewed by…
Blog
Corporate Welfare for Farmers
In a recent blog post, I describe the Agricultural Marketing Service's (AMS) Beef Promotion and Research "checkoff" program as corporate welfare. The agency’s Public…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Just another week in the world of regulation:…
Blog
Obamacare: Anyone Have a Plan B?
In just a few week the Supreme Court will hear oral arguments regarding the legal challenges to the administration's controversial health-care overhaul, especially the constitutionality of the so-called "individual mandate" that requires every American to purchase government-approved insurance. The…
RealClear Policy
Stop the Regulation!
From Mike Whalen’s op-ed on The Huffington Post: Unfortunately, when it comes to our current government and regulation, the reality is that where…
Blog
Alcohol Regulation Roundup: February 27, 2012
National: A Sioux tribe in South Dakota has filed a landmark suit against national beer makers for knowingly contributing the tribe's alcohol…
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