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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Why Is Obama’s Report to Congress on the Benefits and Costs of Federal Regulation Delayed?
In April 2013, the White House Office of Management and Budget (OMB) issued its Draft 2013 Report to Congress on the…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from refrigerators to Korean chicken.
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Human Achievement of the Day: Bionic Eyes
You won’t see the glory of human achievement if you abide by the World Wide Fund for Nature's recommendation that you spend an hour…
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CEI Podcast for March 27, 2014: Bait and Reciprocal Switch
CEI Fellow Marc Scribner talks about his new paper, “Bait and Reciprocal Switch: Forced Access Regulation Threatens the Rail Renaissance.”…
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Human Achievement of the Day: 3D Printing Cups, Cars, Houses, and Faces
3D printing is a relatively recent technological development that has already begun to revolutionize model-building, structural and other medical procedures, and construction of items from…
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Sneaky Regulation? Federal Agencies Issue over 24,000 “Public Notices” Annually
A mixed economy like ours does not remain static. Economic activity increasingly shifts toward government outright (health care, retirement, education) or exists under "Mother-May-I" constraints…
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