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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Towards a More Transparent Fed
Iain Murray and I have a piece in today's American Spectator breaking down the new paper we co-wrote with John Berlau.
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Happy Halloween! FAA to Allow Portable Electronic Devices During All Flight Phases
A month ago, a Federal Aviation Administration (FAA) Aviation Rulemaking Committee (ARC) recommended that the agency drop its ban on portable electronic device (PED)…
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CEI Podcast for October 30, 2013: Bringing Transparency to the Consumer Financial Protection Bureau
George Mason University law professor and Mercatus Center senior scholar Todd Zywicki discusses his paper, "The Consumer Financial Protection Bureau: Savior or Menace?"…
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Don’t Let FTC Shut Down Legit Credit Repair Services
Next to the infamous Healthcare.gov, the website that featured the most bugs of the last month was FTC.gov, the site of the Federal Trade Commission. During…
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Questions for Janet Yellen
Even if it is nominally independent, the Federal Reserve is arguably the government’s most important agency. It has control over the price system, the most…
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Racial Preferences in Obamacare, and Discrimination, Too, Based on Weird Ideology
The Daily Caller has an interesting story about race-conscious provisions and racial preferences contained in Obamacare. It's a subject that has received remarkably little…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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