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.
Featured Posts
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
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The Antitrust Religion still Has Many Adherents
Why bother with the ongoing challenge of competing in the marketplace if one can merely go to Brussels or Washington?…
Blog
Regulation of the Day 24: The Width of Ladders
It is illegal for a portable metal ladder to have steps narrower than 12 inches.
Blog
Bonus pay bill: CBO predicts huge costs to private sector, broad swaths of employees affected
After the nonpartisan Congressional Budget Office (CBO) calculated the enormous costs of an all-encompassing health care scheme with a bloated public option, members of Congress…
Blog
More on the Microhoo Deal
The long-awaited collaboration of Microsoft and Yahoo on search has the tech business community abuzz. CEI analysts Wayne Crews and Ryan Young made their original…
Blog
(Un)Free Press Sticks it to the Essentials
The latest missive from the folks at Free Press has crossed the line: When challenged, the wireless carriers actually compare their industry to another: soda.
Blog
A Bailout for the First Amendment?
Dan Rather actually made the following two contradictory statements in the same speech: I personally encourage the president to establish a White House…
Blog
Prof. Gates’ property rights likely violated in arrest — but Obama was wrong to weigh in
Amid all the endless media psychobabble about “national conversations” and “teachable moments” – and we will no doubt here more of this in the reporting of…
Blog
Food Safety Bills Moving Through Congress
With all out attention diverted to the government's attempted takeover of the half of US health care that isn't already nationalized, the attempted destruction of…
Blog
The Challenge of Network Industries
“Network” industries such as electricity, air transport, telecommunication, freight rail, and internet services face a challenge with their competing flow and grid components. Flows are…
Blog
In Defense of Average Cost Pricing
Many industries in the modern economy are ridiculed for the financing strategies they employ. Only marginal cost pricing is defended as a legitimate practice. Yet…
Blog
Where’s the Reality in Legislation?
In “Why Obamacare Is Sinking,” Charles Krauthammer argues that President Obama’s reliance on rhetoric is finally beginning to fail because “you can’t fake it…
Blog
VIDEO: Healthcare Reform Ideas from the Other Washington
John Barnes at the Washington Policy Center (motto: “Improving Lives Through Market Solutions”) passes on a 3-video series about the fight over healthcare “reform” we’re…
Blog
Russia introduces strict new antitrust law
Russian President Dmitriy Medvedev has signed into law amendments that will bring increased penalties for price collusion and unfair competition. The new amendments will allow…
Blog
Policy Translated: Special Access Reform
[youtube:http://www.youtube.com/watch?v=JQO84UjQ2Fg 285 234]…
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Regulation of the Day 23: Texting While Driving
Texting while driving is both dumb and dangerous. But making it a crime won’t make people stop doing it. It will merely make more people…
Blog
Food Police Attack Denny’s Over Salt
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. Last week, CSPI filed…
Blog
Best Way to Curb Irrational Exurberance?
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article…
Blog
Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
Blog
The Folly of 100%
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking…
Blog
Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
Blog
Dems’ Health Care Bill Looking Weaker by the Day
For the Democrats still supporting the health care overhaul, the blows just keep coming. As if the financial problems I described in a previous…
Blog
Health Insurance Reform: look at what does and doesn’t work already
“One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and…
Blog
How to End the War over Antitrust
If the executive branch is not going to consistently enforce antitrust laws -- and they shouldn't -- they should be repealed.
Blog
Regulation of the Day 21: Potato Research and Promotion
The Agricultural Marketing Service has a potato research and marketing plan, pursuant to the Potato Research and Marketing Act.
Blog
Getting the Health Care You Pay For
There was a good front page article in yesterday's Washington Post on the history of advances in medical science and technology. The conclusion: Although the…
Blog
Net Neutrality: A Dialogue With Ars Technica
CEI’s broadband reply comments from earlier this week received a generous quotation by Ars Technica’s Nate Anderson. Mr. Anderson took issue,…
Blog
CEI Weekly: Attack of the National Broadband Plans
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday.
Blog
Our Colleague Julie Called it “Subprime Healthcare”
I think that about sums it up.
Newsletter
Google Book Search, FCC Comments and the Minimum Wage
The Justice Department investigates Google’s legal settlement over its Book Search service. Federal Communications Commission broadband coordinator Blair Levin accuses recent comments from the public…
Blog
Regulation of the Day 20: Anti-Flatulence Medication
The U.S. Code contains an entire section on over-the-counter anti-flatulence medication. There are rules for permitted active ingredients, maximum dosage, and label text.
Blog
Exploiting the Minimum Wage
Young people with little or no work experience may not be able to offer $7.25 per hour worth of productivity; small wonder so many of…
Blog
Leave it to the Experts
Send your used light bulbs to Washington! They're the experts. They'll know what to do.
Blog
Obama Health-Care Plan Destroys Cheap Health-Care Options, Raises Taxes, Breaks Promises
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by…
Blog
Standing Before the FCC Shouting Stop
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview.
Blog
Aggravated FCC Bureaucrat Knows Better than Us; Calls Petitioners “Sloppy”
Federal Communcations Commission broadband coordinator Blair Levin, charged with coming up with a “U.S. National Broadband Plan,” by February, says the 8,500 pages…
Newsletter
Broadband Plans, Saving Healthcare Dollars and Obama’s Diplomacy
The Federal Communications Commission drafts a “national plan” for broadband policy. The White House announces proposed healthcare cost-saving measures. President Obama continues to insist that…
Blog
Regulation of the Day 19: Fospropofol
The Drug Enforcement Administration, would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled…
Blog
Democrats Inconsistent on Senior Death Discount
White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also…
Blog
If you like FEMA, you’ll love federal health care, says Jindal
Louisiana Governor Bobby Jindal has an op-ed in today’s Wall Street Journal providing a succinct critique of the Democrats’ health care plan and offering…
Blog
Regulation of the Day 18: Shipping Live Animals
If you ship live animals via the USPS’s Express Mail Service and it takes three days or more, you may be eligible for a refund,…
Comment
Comments on the Federal Communications Commission Report ‘A National Broadband Plan for our Future’
The Commission’s record of alleged “regulatory restraint” toward the telecommunications sector over the past 13 years has come under fire by a number of commenters…
Blog
Want Recovery? Remember Antitrust is Anti-Economy
More restraint is in order when it comes to the Obama administrations intent to escalate “antitrust” enforcement against business and enterprise in America.
Blog
Richard Rahn on “Washingtonosis” — The Most Destructive Disease
"Washingtonosis(n): a disease most often found in people working within three miles of the U.S. Capitol building in Washington, ... Those infected tend to lose…
Blog
Policies to Promote Competition often Stifle it Instead
Chairman Genachowski is right that the Internet has been “the most successful driver of economic growth” in recent years. Why, then, pursue an agenda that…
News Release
Clear Government Roadblocks to Broadband Competition
Contrary to many critics, investment in broadband networks by U.S. telecommunications firms is booming, and the biggest roadblocks to even more robust growth are primarily…
Blog
“Libertarian paternalism”?
In Sunstein's latest book Nudge. . . he makes the case that people often make bad decisions, and a slight "nudge" can set things right…
Blog
Regulation of the Day: Sliding Car Doors
A new set of rules for sliding car doors will come into effect on September 1, 2010.
Blog
In Which the Case for Antitrust Action against Telecoms Weakens
New research finds that U.S. telecoms are charging, on average, ten cents less per minute than their counterparts around the world. Tell me again why…
Blog
Union Pension Fund Bailout Taking on a New Form
Senate Democrats and organized labor leaders are reportedly near a deal on removing the card-check provision from the s0-called Employee Free Choice Act (EFCA). That…
Blog
CEI Weekly: Response to EPA Cover Up Increases
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday. Also included in the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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