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…
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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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Red Tapeworm 2014: The Expanding Code of Federal Regulations
This is Part 14 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
Despotism-Lite? The Obama Administration’s Rule By Memo
Congress passed a few dozen bills last year that President Barack Obama signed into law. Outside the normal legislative process, though, federal agency regulations number…
Blog
Red Tapeworm 2014: Cumulative Final Rules in the Federal Register
This is Part 13 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014 Edition)…
Blog
Is John Boehner’s Lawsuit the Best Way to Rein in the Executive Branch?
House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that…
The Daily Caller
Is John Boehner’s Lawsuit The Best Way To Rein In The Executive Branch?
On Wednesday, House Speaker John Boehner announced plans to sue the White House for breaching the Constitution’s separation of powers. “On one matter after another…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There were no major regulations this week, but more than 80 little ones, covering everything from a religious exemption to the federal tanning tax to…
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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