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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Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
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Ralph Nader’s shocking solution to the Toyota “problem”
The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today? Choose one response: 1. More…
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Torches, Pitchforks, and Congress
“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America. That in every other…
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Biden announces retirement (savings program)
Vice President Joe Biden announces retirement (savings program). If only we were so lucky. (In reality, it doesn’t matter. As he recently said,…
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CEI Weekly: Marlo Lewis’ Music Video Against Climate Change
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Marlo Lewis' music video, "How I was not Al Gored…
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