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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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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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…
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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…
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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 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