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…
Search Posts
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Right on Cue
In this morning's CEI Podcast, my colleague John Berlau predicted that the new price cap on debit card swipe fees would lead to the end…
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CEI Podcast for September 29, 2011: The End of Free Debit Cards
Every time you use your debit card, the merchant has to pay a fee to the company that issued your card, usually about 1 percent…
DC Velocity
Freedom to Move: Interview with Marc Scribner
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Automatic Economic Stabilizers or Stable Economic Rules?
Former Obama OMB Director Peter Orszag (who joined Citigroup earlier this year as vice chairman for global banking) over at The New Republic thinks we’ve…
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Blame Not Banks — But Big Box and Big Government — For Free Checking’s Demise
Read it and weep, but don't say OpenMarket didn't warn you. Thanks to Dodd-Frank's Durbin Amendment, price controls on interchange fees --…
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FDA Approves Device To Help Doctors Detect Skin Cancer
There's an unusual bit of good news out of the U.S. Food and Drug Administration. In March 2010 and again last November, the…
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