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
Blog
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…
Blog
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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Op-Eds
Fed Interchange Price Controls Leave Consumers Paying Big
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give a…
News Release
Federal Reserve’s Interchange Price Controls: Gift to Retailers, Lump of Coal for Consumers
Washington, D.C., December 16, 2010 – This afternoon in a public meeting, the Federal Reserve will release draft rules to implement Dodd-Frank’s Durbin Amendment, which…
Blog
Interchange Price Controls: Gift to Big Merchants, Lump of Coal for Consumers and Community Financial Institutions
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give…
Blog
An Update on State Alcohol Regulations
Here is another installment in the roundup of news regarding the weird and wacky state of alcohol regulation in the U.S.: California: The “sangria…
Blog
CEI Podcast — December 15, 2010: Alcohol Regulations Across the Country
Michelle Minton, CEI's Director of Insurance Studies, takes a whirlwind tour of alcohol regulations across the country.
Blog
Morning Media Summary
Tech: Air Force Blocks Media Sites: “The U.S. Air Force is blocking its personnel from using work computers to view the websites of…
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