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
Regulation of the Day 30: Labeling Mustard
If your company makes mustard bottles that are reusable as beer mugs, you are specifically required to put a country-of-origin label on your product.
Blog
The Truth About Town Hall Meetings
Yesterday, the Obama administration distanced itself from some of the more outrageous comments made by congressional Democrats, including one made by House Speaker Nancy Pelosi…
Newsletter
Microhoo under the Microscope, Mob Mentality and Horse Killings in Florida
Microsoft and Yahoo brace for scrutiny from antitrust officials. Democrats claim that opponents of health care legislation are part of an “angry mob”. Florida authorities…
Blog
They Can’t Even Keep Drugs Out of Prison?
Armed guards. All the bad guys behind bars. Under constant supervision. And Mexico still can’t keep drugs and drug dealing out of its prisons.
CEI Planet
TARP Transparency: A Good Start, but Not Enough
Herbert Allison is President Obama’s newly-confirmed head of the Treasury Department’s Office of Financial Stability. On Thursday, June 25, he promised to “emphasize transparency so…
Blog
All Community Organizing Is Astroturfing – And That’s Fine!
The fact that members of Congress extolling the president’s plan are attacking astroturfers while leaving their arguments alone says to me that the Congressmen believe…
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