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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Education Department Power Grabs Criticized in Congress
Yesterday, The College Fix published an interesting story titled “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with…
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Jeb Bush Unveils Regulatory Reform Agenda
Traditionally, presidents named Bush have not been friends of limited government. George H.W. Bush raised taxes after his famous “read my lips” speech, and oversaw…
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You Won’t Believe All the Ways Federal Agencies Issue Rules
Recently, I’d pointed out that we don’t really know how many federal agencies there are. That implies we don’t know how many rules and regulations…
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CEI’s Battered Business Bureau: The Week in Regulation
Agencies last week proposed 51 new regulations, and finalized 77 other rules covering everything from aluminum to Peruvian citrus. On to the data: Last week,…
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Rebuilding Liberty with Charles Murray
My colleague Fred Smith has a new review up, this time of Charles Murray’s most recent book By the People: Rebuilding Liberty without Permission. Murray argues that…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the Labor Day holiday, but agencies still found the time to finalize new regulations covering everything from…
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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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