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: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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Op-Eds
The USDA’s Anti-Science Activism
Full Document Available in PDF U.S. Department of Agriculture Secretary Tom Vilsack must…
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Farm Workers Win in California
Late last night Governor Jerry Brown vetoed the California farm workers “card check” bill SB 104 for. The bill would have abolished workers right to…
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Dodd-Frank Interchange Fee Price Controls Less Draconian, But Still Destructive
Today, at around 3:30 pm, the Federal Reserve will vote on a final rule that will make price controls from the Durbin Amendment of Dodd-Frank…
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Federal Appeals Court Upholds Obamacare’s Individual Mandate in Divided 2-to-1 Vote
The U.S. Sixth Circuit Court of Appeals has upheld the individual mandate contained in the 2010 healthcare law by a 2-to-1 vote, claiming that…
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Senate Judiciary Committee Pushes False Claim that Supreme Court is “Pro-Business”
The Senate Judiciary Committee is bashing the Supreme Court today as pro-business in a hearing that began at 10:30 a.m. Two of the…
News Release
CEI Slams FDA Vote on Avastin
Washington, D.C., June 29, 2011 — An FDA advisory committee voted today to revoke the approval for breast cancer treatment from the drug Avastin.
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