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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Union Recalcitrance on Race Relations
Recent events have exposed unions’ troglodytic views on race relations. Basically, unions seek to preserve the current racial makeup of their workforce, regardless of changes…
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CEI Podcast for April 12, 2012: Apple, E-Books, and Antitrust
Yesterday the Justice Department sued Apple and five major publishers over their e-book pricing model, alleging price fixing. Associate Director of Technology Studies Ryan Radia…
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Competition in Water Infrastructure
Today, CEI released a report on how increased competition could make a big difference in the cost to taxpayers for upgrading water infrastructure.
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A Free Market Defense of Retransmission Consent
Unshackling a market from obsolete, protectionist regulations can be a very challenging undertaking, especially when the lifeblood of a regulated industry is at stake. The…
Blog
Why Matt Taibbi’s Anti-JOBS Act Screed Couldn’t Suck Worse
I have had a range of reactions when reading Matt Taibbi's pieces in Rolling Stone. Most of the time, I vehemently shake my head, but quite a few times…
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San Francisco Judge Dismisses Lawsuit against McDonald’s over Happy Meals
"In San Francisco, Judge Richard Kramer has dismissed the Center for Science in the Public Interest’s lawsuit on behalf of parent Monet Parham seeking to…
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