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
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Bloomberg Soda Ban Blocks Sale of Low-Calorie Drinks
As I’ve written before, Mayor Bloomberg’s big-soda ban is ill-conceived, unjust, invasive, and useless, among other things. As Seth Goldman, the CEO of Honest…
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CEI Podcast for July 24, 2012: Unfunded Mandate Reform
Research Associate David Deerson explains why past efforts to rein in unfunded mandates failed, and why new legislation that Congress is set to vote on…
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Don’t Blame Capitalism for Washington State’s Liquor Privatization “Failure”
There is no alternative way, so far discovered, of improving the lot of the ordinary people that can hold a candle to the productive activities…
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Cut Down On Unfunded Mandates, Part III
In my last post, I discussed the ways in which Rep. Virginia Foxx’s (R-N.C.) Unfunded Mandates Information and Transparency Act (UMITA) updates and improves…
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Cut Down On Unfunded Mandates, Part II
In my last post, I explained the concept of unfunded mandates, and why we need to find a way to curb Congress’s ability to pass…
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CEI’s Battered Business Bureau: The Week In Regulation
81 new rules and 1,283 Federal pages last week, covering everything from sippy cups to perch fishing in Alaska.
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