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: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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Bloomberg Law
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CATO
Regulation after COVID-19
The CATO Institute cites CEI on #neverneeded regulations: Many of these regulations have no sound public justification whether in or outside of an…
The Federalist
South Africa’s Coronavirus Repression Signals Worse To Come
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This Week in Ridiculous Regulations
The first full week of May featured a continuing pandemic, the biggest unemployment increase in U.S. history, a hailstorm in the D.C. area, freezing temperatures…
The Federalist
A Proposed 13-Point Trump Agenda For Economic Stimulus By Reforming Regulation
I remembered wondering in 2017 whether the federal government would be larger or smaller after four years of Trump. We had our answer even…
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This Week in Ridiculous Regulations
The 2020 Federal Register passed 25,000 pages, and is poised to surpass last year’s page count by more than 1,000 pages. The number of final…
Staff & Scholars
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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