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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Planning to Disaster: Paso Robles, Calif. Adopts Form-Based Code
I’ve previously written about the dangers of form-based codes (see here, for instance), the Euclidian zoning replacements that, rather than gut government planning abilities,…
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USDA’s War on Potatoes
The Wall Street Journal reports today that the U.S. Department of Agriculture is proposing to “eliminate the ‘white potato’ — defined…
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Greenland Flourishes Due to Global Warming and Climate Change
Alarmists have been decrying the effects of global warming on Greenland for years, even though Greenland was greenest during the Medieval Warm Period, and Greenland’s Vikings,…
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CEI Files Another Amicus Brief Challenging Obamacare
Debate over the constitutionality of the massive health care law passed in 2010 has focused on its "individual mandate": the requirement that individuals buy health…
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PROTECT IP Act: The Good, the Bad, and the Ugly
Combating "rogue websites" is a top priority for many in Congress this year. Lawmakers have held several hearings over the past few months…
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Durbin ‘Swipe Fee’ Price Controls — Bernanke’s Warning and Dean Baker’s Fudge of Fed Data on Costs
Even considering the usually sympathetic audience at the Huffington Post, liberal economist Dean Baker had a tough task of persuasion with his Monday column defending…
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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.
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