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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CEI Podcast for June 3, 2014: EPA Proposes Major Carbon Emission Regulation
Senior Fellow William Yeatman breaks down a proposed EPA regulation intended to significantly reduce carbon emissions in the U.S.
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The Doctor Will Release You Now: How Official Time Contributed to the VA Scandal
Socialized medicine and union corruption are a potent combination and, in the case of the VA, a deadly one. The VA scandal has brought the…
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33 House Republicans Join ALPA to Restrict Competition and Soak Consumers
I previously wrote about the campaign from the Air Line Pilots Association (ALPA) against Norwegian Air International's (NAI) attempt to offer low-cost flights from the U.S.
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Seattle Minimum Wage Hike Already Hurting Businesses
What did they think would happen? Seattle is likely to lift its minimum wage to $15 an hour. The move, supported by leftists and labor…
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The Funnel of Gov — OMB’s 2014 Report to Congress on the Benefits and Costs of Federal Regulations
Over the weekend the Office of Management and Budget (OMB) released the 2014 Draft Report to Congress on the Benefits and…
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House Intel Committee Chair Ignores Report Calling NSA Surveillance Illegal
At a recent event titled “A Statesman Forum on Cybersecurity Policy and Diplomacy” at George Washington University, House Intelligence Committee Chairman Mike Rogers (R-Mich.)…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Counsel Emeritus
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