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 Auto Bailout a Recipe for Failure
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How Do Regulations Stack Up as a Small Firm Grows?
Tomorrow, electric utilities and green groups team up at the National Press Club to ask for billions of new spending on what they term energy…
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Credit Card Price Controls Harm Consumers
The Wall Street Journal editorial got it exactly right: The Federal Reserve cut rates to historic lows Tuesday, but today it…
Blog
Paul M. Weyrich, RIP
[Since I wrote this, Paul Weyrich’s last column was published the day of his death, “The Next Conservatism, A Serious Agenda for the Future”…
News Release
Berlau Commends Schapiro Pick for SEC
John Berlau, director of the Center for Entrepreneurship at the Competitive Enterprise Institute, issued the following statement on President-Elect Barack Obama's appointment of Mary Schapiro…
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Coming to an ISP Near You: Google Servers
Over at the Tech Liberation Front, the Internet’s premier free market technology blog, we’re discussing the implications of Google’s OpenEdge program. The program plans to…
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Clyde Wayne Crews
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