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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White House Immigration Bill Will Be A Disaster Without Accessible Work Visas
President Obama’s recently leaked immigration bill left off the most important component of an immigration bill: the immigration part. Given the fact that the Chamber…
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The Red Tape Challenge
Over at the Daily Caller, Christian Rice and I take a look at a successful regulatory reform model in the UK: the Red Tape Challenge:…
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When The Nanny State Kills
The government told people to switch from saturated animal fats to unsaturated vegetable fats. But that advice may have killed a lot of people.
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CEI’s Battered Business Bureau: The Week In Regulation
59 new regulations, from patent fees to pork export reports.
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Vitter Amendment To Ban Drug Patent Settlements Would Raise Pharmaceutical Prices
With time running out for the Senate to act on a continuing budget resolution, members are trying to find some magic pot of money that…
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Labor’s Loss: Secret Ballot Protection Advances In Virginia
This week Virginia Gov. Bob McDonnell struck a little heralded — but much needed — blow for privacy rights in the Old Dominion by signing two…
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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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