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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The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
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CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Monday off for Columbus Day, but still managed to pack more than 50 new regulations into a short week. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Even with a mid-term election coming up next month, agencies are cranking out a dozen or so new regulations every workday. The federal government also…
Blog
A Pen and Phone Strategy to Shrink Government
President Obama is right that Congress doesn’t do much. That’s not necessarily a bad thing, of course. But the pen and phone strategy Obama proposed…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 2: Billions of Dollars and 13,000 Lifetimes Annually
Whoever makes two ears of corn, or two blades of grass to grow where only one grew before, deserves better of mankind, and…
RealClear Markets
Obama’s Pen and Phone Can Achieve Great Things
"[I]f Congress won't act soon to protect future generations, I will," President Obama warned in 2013. "I will direct my cabinet to come up with…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 1: Big Bucks for Pencil Pushers
The more restrictions and prohibitions are in the Empire, the poorer grow the people. —Lao-Tzu When it comes to red tape and federal paperwork,…
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