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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Red Tapeworm 2014: Tardy Bureaucrats Gone Wild
This is Part 2 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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CEI’s Battered Business Bureau: The Week in Regulation
Despite nearly 60 new regulations and more than 1,300 Federal Register pages, regulations remain on a below-average pace this year. On to the data: Last…
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Red Tapeworm 2014: Guess Which Is the Largest Government on Earth?
This is Part 1 of a new series taking a walk through some sections of Ten Thousand Commandments: An…
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CEI Podcast for May 8, 2014: The Future of Self-Driving Cars
Marc Scribner talks about his new paper, "Self-Driving Regulation."…
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Air Line Pilots Association Launches Super-Xenophobic Ad against Low-Cost Foreign Airline
The Federal Aviation Administration (FAA) is currently considering whether or not it will honor its EU-U.S. open skies treaty in the case of Norwegian Air…
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California’s Latest Anti-GMO Push
Two years ago, voters in California narrowly defeated Proposition 37 , a ballot initiative that would have required labeling of most --…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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