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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Clean Energy: The Dirty Truth
CEI fellow Bill Frezza says that government should not pick winners and losers in energy…
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Amtrak Bans 12-Year-Old Unaccompanied Child Riders
In Japan, 6-year-old children are not only allowed to ride the train by themselves, but are eligible for a special fare. Not so in America,…
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Minnesota Gov. Mark Dayton Orders Unionization of Child Care Providers
The NLRB’s pro-union bias and penchant for overstepping legal precedent has spread to Minnesota. Governor Mark Dayton (DFL) issued an executive order calling for…
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Elites of the World, Unite! You Have Nothing to Lose!
And they are — but we have much to lose. See Iain Murray’s latest piece on the EU crisis. The intellectual temptation — the…
Daily Caller
Leaders with Ginni Thomas: Fred Smith, Competitive Enterprise Institute
Daily Caller
Bank Debit-Card Fees Under U.S. Justice Department Review
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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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