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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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…
Blog
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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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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More Harm from “Disparate Impact” Regulations
Earlier, we wrote about the Obama administration’s attempt to inject a race-conscious “disparate impact” provision into colorblind anti-discrimination laws like the Fair Housing Act,…
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Mississippi Should Tell CFPB to “Stop Spying on Me”
The federal Consumer Financial Protection Bureau is coming to Mississippi Wednesday and Thursday with a public forum on "access to information." A vital question for Mississippians to…
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Congress to Mark Up Small Business Regulatory Flexibility Bill
The Regulatory Flexibility Act directs federal agencies to assess the effects of their rules on small businesses. How’s that going? A new book…
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CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from banned avocados to sweet corn insurance.
Forbes
Obama Addresses Economy And ‘The Financial Crisis Five Years Later’
Today and this week, President Obama will address The Financial Crisis: Five Years Later in an effort shift attention back to domestic economic…
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CEI Opposes Risky, Race-Conscious Federal Lending Requirements in Supreme Court Case
“Disparate impact” is a term in anti-discrimination law for when a neutral policy happens to affect minorities more than whites. One example is a standardized…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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