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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 1: Big Bucks for Pencil Pushers
The more restrictions and prohibitions are in the Empire, the poorer grow the people. —Lao-Tzu When it comes to red tape and federal paperwork,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 60,000-page mark on Friday, and is on pace for the 6th-highest page count in its 79-year history. Along the way,…
Forbes
How Entrepreneurs Can Speak Out About The Cost Of Regulation
When federal bureaucrats in Washington released the Report to Congress on the Benefits and Costs of Federal Regulations for fiscal year 2013, their hope was…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A busy week ended with a flourish, with Friday’s Federal Register alone containing 28 final regulations and 542 pages.
Washington Examiner
Federal Regs Cost $1.88 Trillion, More With Obama’s ‘Pen and Phone’ Rules
Burdensome federal regulations cost American taxpayers and businesses a shocking $1.88 trillion annually — far more than the administration estimates — and that doesn’t include…
The Hill
Black Markets Do Not Protect Minorities
Originally published at The Hill Former Denver mayor Wellington Webb argues in a Sept. 14 op-ed in The Hill that legalized online gambling would…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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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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