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 RRM Suggests Additional Questions for Florida Insurance Commissioner
Yesterday in a press release from CEI's Center for Risk, Regulation, and Markets, the Center raised many questions that should be brought to Florida Insurance…
Newsletter
Healthcare Complexity, Union Politics and Insurance Markets
Critics question the unwieldy complexity of current healthcare legislation. A compromise version of the so-called “Employee Free Choice Act” gains momentum in Congress. Florida Rep.
Blog
Regulation of the Day 39: Postmodern Microwave Ovens
Appliances have to have little badges on them that say they comply with rule that requires the little badges. Perhaps the rule came from the…
Blog
Elaine Chao: Union transparency “more important than Beck;” EFCA “terrible”
Today, at the Heritage Foundation blogger briefing, former Labor Secretary Elaine Chao described the union transparency requirements introduced during the Bush administration as “more important…
Blog
Regulation of the Day 38: Carrying Letters
If anything qualifies as an anti-competitive practice, fining and jailing people for competing with you would certainly top the list. Which brings us to a…
Blog
DOJ to Investigate Microsoft-Yahoo Search Partnership
As expected, The Department of Justice is launching an antitrust investigation into the Microsoft-Yahoo search engine partnership. As I've said before, this is not an…
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