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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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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America’s “Unconstitutional Slop” Predates Trump’s Executive Actions on Pandemic Economic Relief
The logic of the administrative state dictates the expansion of itself in response to any crisis. Executive actions play a game rigged against limited government.
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New CEI Video: Eliminating Never Needed Regulations to Help with Recovery
In a new CEI video, Kent Lassman talks about three things agencies can do rein in regulations that are hindering the COVID-19 response and making…
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This Week in Ridiculous Regulations
August’s 2020 disaster list so far includes a massive warehouse explosion in Beirut that killed more than 100 people and Hurricane Isaias. In positive news,…
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Cautious Optimism on July Jobs Numbers: Prudence, Resilience Will Aid Recovery
In July, 1.8 million new jobs were created, and the unemployment rate dropped to 10.2 percent. That is a welcome follow-up to the second quarter’s…
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When Spending Is Regulation: The Grand Unification Theory of Government Growth
Alongside helplessness in the face of a looming $27 trillion debt, debating administrative state policy hasn’t been much help in forestalling federal government growth.
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An Executive Order 13,891 Guidance Document Portal Update: Another Lap to Go
President Donald Trump’s October 9, 2019 Executive Order 13,891 (E.O. 13,891) and a subsequent White House Office of Management directive to amplify and clarify it…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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