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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Op-Eds
Looking Out for the Big Guys
Big is bad, many on the Left believe, but only in business, not in government. Many on the Left rail against mass discounters…
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The Hidden Costs of Health Care Reform: “Obamacare Is A Budgetary Disaster”
The health care bills backed by President Obama will cost $2.3 trillion, not the $900 billion Obama claims, and will be a “…
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The cut-and-paste Splinternet
The way Ben Kunz in a new Business Week artcle puts it, “Each device contains its own widening universe of services and applications, many…
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Credit Card Bill of Rights
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Obama’s Policies Will Increase National Debt by $9.7 trillion, Says Congressional Budget Office
“President Obama’s policies would add more than $9.7 trillion to the national debt over the next decade, congressional budget analysts said Friday. . .The 10-year…
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CEI Weekly: DOE Seeks Lobbyists to Sell Green Jobs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's FOIA findings from the Dept. of Energy, protests…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment