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.
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Blog
HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
Blog
It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
Blog
The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
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News Release
New SEC Rules Create Added Costs, Little Benefits
Washington, D.C., January 29, 2003 – Despite opposition from many sources, the Securities and Exchange Commission recently adopted new rules on forced disclosure…
News Release
Environmental, Other Regulations Under Scrutiny
Washington, D.C., December 20, 2002—From energy conservation standards for washing machines to labels on genetically modified food, many federal regulations are coming…
Study
How to Drive Competition in a “Deregulated” Market
View Full Document as PDF…
Op-Eds
EPA’s $32 Trillion Negligible Risk
It is no surprise that federal agencies often tailor their interpretation of the facts and the law to support various policy goals. It should…
Study
CEI Senior Fellow Publishes New Book On EPA’s Regulatory Enforcement
Out Of Bounds, Out Of Control: Regulatory Enforcement At The EPA CEI Senior Fellow James DeLong Publishes New…
Products
August/September 2002 Edition of CEI Update
Full Document Available in PDF Articles in this edition: “Nothing But Hot…
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