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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President Obama’s Executive Overreach Compounded by Regulatory Dark Matter
In recent years the Federal Register has topped out at well over 70,000 pages, two times at more than 80,000. Each year over 3,500 rules issue from…
Forbes
U.S. Senate Keystone Pipeline Defeat Shows The Hazards Of Over-regulation
The meek shall inherit the Earth, but not its mineral rights. …
Study
Top 5 Things Congress Should Consider During Lame-Duck Session
View the document here During Congress’ lame-duck session, both Republicans and Democrats will dig into a number of stalled pieces of legislation…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register took Tuesday off to observe Veterans’ Day. The short week was still a busy one, with Thursday’s edition alone totaling 783 pages. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Election week was a busy one on the regulatory front, with new rules on everything from fuel taxes to wireless spectrum. With the Senate changing…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new…
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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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