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
Red Tapeworm 2014: Are Environmental Protection Agency Regulations Declining? Don’t Bet on It
This is Part 26 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
75 new regulations, from tax delinquents to spectrum auctions.
Blog
Red Tapeworm 2014: Tell Us — Which Regulations Hurt Your Business as You Grow?
This is Part 24 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Despite another 47 proposed regulations and 80 final regulations last week, 2014 remains on pace to have the smallest number of new regulations of any…
Blog
Red Tapeworm 2014: Small Businesses Beaten Down by Recordbreaking Federal Regulations
This is Part 23 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
Uber and Regulation: Pro-Business Is Not Pro-Market
“Republicans love Uber. Young urban voters love Uber. And Republicans hope that means young voters can learn to love the GOP.” That was the opening…
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