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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SEC Finally Permits Free Speech for Hedge Funds, VCs, and Entrepreneurs
Today is finally the day that the Securities and Exchange Commission -- one year and three months after it was instructed to do so by…
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Regulation Causes Inflation
Over at the American Spectator, I show why an unintentional and unavoidable side effect of regulation is inflation:…
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Obama Administration Discards Reporting Requirements in Obamacare
The Obama administration has illegally discarded the reporting requirements mandated by the 2010 healthcare law, which were designed to prevent countless billions of…
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Beauty and the Beast: Agriculture for the Future
It’s a tale as old as time. How will we feed all the people on this planet of ours, especially with the global population set…
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CEI’s Battered Business Bureau: The Week in Regulation
78 new regulations, from energy efficiency standards for imports to the California Desert Grape Administrative Committee.
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CEI Podcast for July 3, 2013: The EPA’s Assault on State Sovereignty
William Yeatman discusses his new study, "The U.S. Environmental Protection Agency's Assault on State Sovereignty."…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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