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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CEI’s Battered Business Bureau: The Week in Regulation
75 new final rules were published last week, up from 72 the previous week. That’s the equivalent of a new regulation every 2 hours and…
Blog
Agricultural Innovation in the 21st Century: CEI on Capitol Hill
On Monday, I’ll be speaking at a Capitol Hill event sponsored by Americans for Choice and Competition in Agriculture, which also…
Blog
Yes, the JOBS Act Will Create Jobs, Wealth, and Investor Freedom
Tomorrow, the Senate is expected to pass the Jumpstart Our Business Startups (JOBS) Act. The bill achieved cloture today by 76 votes, all but assuring…
Blog
ThinkProgress’ Schizophrenia on Crowdfunding and the JOBS Act
ThinkProgress, the blogging arm of the liberal Center for American Progress, is usually pretty good on enforcing the political left’s party line. But two of…
Op-Eds
Why Regulations Aren’t Good–Again
The first week of Spring is also “hooray, regulation” week at the White House. Regulatory policy chief Cass Sunstein, one of the most accomplished and…
Blog
Human Achievement of the Day: Mind-Controlled Prostheses
A breakthrough by researchers at Northwestern University is giving hope to millions of amputees that they might eventually regain some of the ability they…
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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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