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
Newsletter
Google Book Search, FCC Comments and the Minimum Wage
The Justice Department investigates Google’s legal settlement over its Book Search service. Federal Communications Commission broadband coordinator Blair Levin accuses recent comments from the public…
Blog
Regulation of the Day 20: Anti-Flatulence Medication
The U.S. Code contains an entire section on over-the-counter anti-flatulence medication. There are rules for permitted active ingredients, maximum dosage, and label text.
Blog
Exploiting the Minimum Wage
Young people with little or no work experience may not be able to offer $7.25 per hour worth of productivity; small wonder so many of…
Blog
Leave it to the Experts
Send your used light bulbs to Washington! They're the experts. They'll know what to do.
Blog
Obama Health-Care Plan Destroys Cheap Health-Care Options, Raises Taxes, Breaks Promises
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by…
Blog
Standing Before the FCC Shouting Stop
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview.
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