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 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new regulations…
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Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to read…
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Nation Goes Back To Work Of Economic Recovery
Washington, D.C., September 20, 2001— The terrorist attacks of last week have left a heavy burden on the United States – psychologically, politically,…
News Release
Wall Street Journal Advises President Bush to Follow CEI’s Lead on Regulatory Reform
Review & Outlook Father Knows Best As commander in chief, George W. Bush now outranks his dad. But there are still things he…
Op-Eds
Old Law vs. The New Economy: How New Deal-era Regulations Stifle Flexible Work Arrangements
Delong Article Published In Reason Magazine<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> In August 1997, a certain Mr. T. Trahan of CSC…
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Michael Greve Testifies on Internet Sales Tax Issue
View Full Document as PDF Michael S. Greve cites CEI research in his testimony on Internet sales taxation before the U.S. Senate…
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Second Wind for the Global Economy: Kemp Nationally Syndicated Column
Copyright 2001 Copley News Service Kemp Column Distributed by Copley News Service July 9, 2001 Even as the…
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Cost of Government Day
The Deadly Cost of Fuel Economy Regulations Statement of Sam Kazman, General Counsel Competitive Enterprise…
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