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
Blog
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…
Search Posts
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 60,000-page mark on Friday, and is on pace for the 6th-highest page count in its 79-year history. Along the way,…
Forbes
How Entrepreneurs Can Speak Out About The Cost Of Regulation
When federal bureaucrats in Washington released the Report to Congress on the Benefits and Costs of Federal Regulations for fiscal year 2013, their hope was…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A busy week ended with a flourish, with Friday’s Federal Register alone containing 28 final regulations and 542 pages.
Washington Examiner
Federal Regs Cost $1.88 Trillion, More With Obama’s ‘Pen and Phone’ Rules
Burdensome federal regulations cost American taxpayers and businesses a shocking $1.88 trillion annually — far more than the administration estimates — and that doesn’t include…
The Hill
Black Markets Do Not Protect Minorities
Originally published at The Hill Former Denver mayor Wellington Webb argues in a Sept. 14 op-ed in The Hill that legalized online gambling would…
Blog
Regulator: True Ridesharing Illegal in California
In the past, I’ve noted that carve-outs for ridesharing providers leaves more innovative and disruptive business models—particularly future automated services—illegal. While self-driving on-demand transportation…
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