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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Are Milk Spills Toxic?
CEI’s Director of the Center for Energy and Environment Myron Ebell discusses the extent of federal regulations. The Environmental…
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CEI Podcast for May 26, 2011: President Obama Proposes Deregulation
Cass Sunstein, President Obama's regulatory czar, announced today that the administration intends to repeal regulations from 30 different agencies. CEI Vice President for Strategy Iain…
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Obama’s Regulatory Reform: The Costs of Benefits
My colleagues commented above on the Cass Sunstein lecture at the American Enterprise Institute called "Regulatory Look-Back: A First Look," about agency's supposed eagerness to…
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Avastin and Breast Cancer: The Median is Not the Message
The New York Times ran an op-ed yesterday by oncologist Frederick Tucker urging the Food and Drug Administration to stand by…
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Deregulatory Baby Steps
In a welcome move, the White House announced this morning that a review of regulations by government departments had found 30 (count 'em) regulations…
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Sunstein and Obama, Deregulators?
Winston Churchill observed that "Americans can always be counted on to do the right thing...after they have exhausted all other possibilities." We may finally be…
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