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: 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…
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Search Posts
Blog
Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
Blog
The Folly of 100%
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking…
Blog
Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
Blog
Dems’ Health Care Bill Looking Weaker by the Day
For the Democrats still supporting the health care overhaul, the blows just keep coming. As if the financial problems I described in a previous…
Blog
Health Insurance Reform: look at what does and doesn’t work already
“One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and…
Blog
How to End the War over Antitrust
If the executive branch is not going to consistently enforce antitrust laws -- and they shouldn't -- they should be repealed.
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