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
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…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Search Posts
Blog
This week in ridiculous regulations: Gag harvests and helium contracts
Populist Republicans got rid of Speaker of the House Kevin McCarthy. In a classic bit of political strategy, they did not have a replacement…
News Release
CEI Supports Legislation from Sen. Rick Scott to Cut Back on Outdated, Duplicative, and Unnecessary Rules
Sen. Rick Scott (R-FL) recently introduced the Unnecessary Agency Regulations Act, a bill that directs the Office of Management and Budget’s Office of…
Blog
This Week in Ridiculous Regulations: Tea Experts and Coin Batteries
Ukrainian President Volodymyr Zelenskyy visited America. The federal government is a week away from a potential partial shutdown. Sen. Bob Menendez was…
Blog
Flawed guidance for monetizing nature should be withdrawn
The Office of Information and Regulatory Affairs (OIRA) has proposed new guidance aimed at improving how federal agencies account for environment-related costs…
Forbes
Regulatory Reforms Belong In The FY2024 Budget Deal
Certain regulatory reforms with deep bipartisan endorsement should be incorporated into contentious fiscal budget agreements, particularly when spending cuts are difficult (which is always).
Frederick News Post
A new proposal for constitutional restoration
Now that Congress has gotten past debt-ceiling drama, next up is wrangling the nation’s budget for the coming year. A budget is about…
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