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…
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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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CEI Podcast — December 15, 2010: Alcohol Regulations Across the Country
Michelle Minton, CEI's Director of Insurance Studies, takes a whirlwind tour of alcohol regulations across the country.
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Morning Media Summary
Tech: Air Force Blocks Media Sites: “The U.S. Air Force is blocking its personnel from using work computers to view the websites of…
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Is Obamacare’s Government Healthcare Takeover a “Civil Right”?
Doug Powers takes aim at the silly argument by the Obama administration that opposing Obamacare is analogous to opposing basic civil rights. As he…
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Reactions to Court Ruling Striking Down Part of Obamacare in Virginia v. Sebelius
Yesterday, a federal judge in Richmond struck down Obamacare’s requirement that individuals buy health insurance. Cato Institute’s Ilya Shapiro reacts to the decision…
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Morning Media Summary
Tech: Gawker Media Hacked, Warns Users to Change Passwords: “E-mail addresses and password details for 200,000 registered users of Gawker…
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The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
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