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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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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Senate Vote Today on FDA, Supplements, and Energy Drinks
Today, the Senate will vote to reauthorize and modify the Food and Drug Administration’s (FDA) prescription drug and medical device user-fee program (…
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MWAA: A Government-Authorized Fiefdom
Should Congress’s power extend to creating taxpayer-funded government entities that are free from state and federal laws concerning ethics, transparency, and disclosure? No, but it…
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Is the Obama Administration Anti-Business?
If President Obama has found it hard in responding to critics who accuse him of being “anti-business,” he really only has his own administration’s policies…
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Facebook’s Fall and the Post-Sarbanes-Oxley “Cheers IPOs”
How Over-Regulation is Robbing Investors of Wealth from Smaller IPOs When I wrote pieces here and at the Daily Caller late last week injecting a…
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H.R. 1909 — Unfinished Free-Market Business to Lift Barriers to Lending
They said it couldn't be done. That Congress couldn't pass a bipartisan bill in an election year to help the economy. Particularly one that lessens…
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Techno-Phobic California Politicians “NHTSA” Google’s Driverless Car
Last week, I wrote about Google’s amazing new self-driving car, which CEI General Counsel Sam Kazman and I had the opportunity to test-ride in…
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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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