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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…
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The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.
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The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
Search Posts
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Avoiding Political Erectile Dysfunction
According to the Congressional Budget Office, “Bailout to Nowhere” money for the proposed new infrastructure stimulus won’t be spent within the next two years–far too…
Blog
The Not So Good, the Bad, and the Really Ugly
Not all stimulus programs are created equal. If the goal of the latest economic bailout package that Congress is considering is as President Elect Obama…
Newsletter
Full Stop on New Regulations, Infrastructure Confusion and the Problem with ‘Priming the Pump ‘
President Obama orders a halt to implementation of all pending federal regulations. President Obama calls for increased spending on roads, bridges and electrical grids. President…
Blog
New Federal Regulation Hits a Full Stop
According to press reports, President Barack Obama has ordered a full stop to all pending federal regulations. Funny, I didn’t hear anything about that…
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Milton Friedman counters Kennedy inaugural–and Obama’s
Before President Barack Obama gave his inaugural address, it had been reported that he was heavily studying John F. Kennedy’s speech at…
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HIGH NOON PASSES–Global Warming Doesn’t Show Up At The Inaugural
Well, the noon temperature in Washington DC at the President Obama’s swearing-in was 28 degrees F., eight degrees colder than when Bush…
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Barack Obama’s ‘Digital Lines’ to Nowhere
When Barack Obama said in his inaugural address, "We will build the roads and bridges, the electric grids and digital lines that feed our commerce…
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Bad Economic Metaphors: Priming the Pump
President Obama faces the immediate challenge of getting funds again flowing through the financial system. And, apparently, his advisors are relying on “pump priming”—pouring…
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Whither Union Transparency?
As Barack Obama is sworn in as the nation’s 44th President today, Rep. Hilda Solis (D-Calif.) will likely be the next Secretary of Labor. As…
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HIGH NOON–Inauguration Global Warming Temperature Watch
When President Bush leaves office today, will the capital be warmer or colder than when he was sworn in eight years ago? It’s not scientifically…
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Stimulus Bill Lacks Bold Ideas for Reform
USATODAY.com reports that the stimulus plan has swelled to $850 billion but lacks the bold ideas that are needed for the economy to truly…
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PEOTUS Behavioral Targeted Advertising Adventure
The prevention of regulation and the Rule of Law pounding its mighty fist within a medium or sector of business is generally something that is…
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Telecom Lobbyists in the DTV Henhouse?
With the election of a new president and new Democratic majorities in Congress, the era of corporate influence is over in Washington, D.C. Or, at…
Blog
Regulate First, Think Never?
Twitter can be very useful. Walter Olson of Overlawyered.com sent out a tweet this morning about an Amazon list of toys that…
Letters
Requesting a TARP Disapproval Resolution
Full Document Available in PDF United States Congress Washington, DC 20515 Dear Member of Congress: On behalf…
Blog
The Paycheck Fairness Act: Equal Pay Baloney From the Press
“News” stories on legislation often read like lazy summaries of press releases put out by the bill’s sponsors. That’s particularly true for so-called “equal pay”…
Citation
Geithner’s Nomination
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Why Geithner Is A Bad Choice
Citation
The Embattled Geithner’s Nomination
News Release
Statement on Treasury Secretary Nominee Timothy Geithner’s Failure to Pay Self-Employment Taxes
Treasury Secretary Nominee Timothy Geithner's failure to pay four years’ worth of self-employment taxes for Social Security and Medicare is absolutely astonishing. And as more…
Op-Eds
Bailout Big Three By Cutting Red Tape
Why are we spending $17 billion of taxpayers’ money propping up two Detroit automakers (notably not Ford Motor Co.)? What the auto companies really…
Citation
The Benefits of Deregulation in the Railroad Industry
National Association of Manufacturers
Obama and the Keynesian Revival
The National Association of Manufacturers discusses Iain Murray's National Review article on Obama's Keyenesian revival. Iain Murray of the Competitive Enterprise Institute makes…
Newsletter
Union Scandal in California, Alternative Energy Promises and Short-Selling on Wall Street
The Service Employees International Union (SEIU) finalizes a controversial merger of its California locals into one state-wide “superlocal”. President-Elect Obama promises to double the nation’s…
CNS News
Economists Say Bush ‘Chucked’ Free Market Principles Long Before Financial Crisis
CNS News discusses President George W. Bush's move away from free market principles. However, Wayne Crews of the Competitive Enterprise Institute told CNSNews.com that…
Cafe Hayek
Tranquilizing the Stimulators
Blog
Ecuador’s Mining Law and the 70% WFT
Ecuador, the only Latin American country that lacks large-scale mining operations, is passing a new mining law that will lift a six-month ban on mining…
Blog
The Bureaucratic Mind at Work
In an increasingly rare example of investigative journalism, the UK Times finds a ‘ghost bus’ designed to spare ministers’ blushe. The bus, which is…
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Short-seller praised by Mass. Democrat at Madoff hearing
In the House Financial Services Committee hearing Monday on Bernard Madoff’s $50 billion alleged Ponzi scheme, some good points were raised by Congress members…
Blog
Change Is Coming, To Benefit Trial Lawyers
Obama promised change, and it’s already happening, at the expense of the poor, consumers, and small business. “Regulations set to take effect next month could…
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Massive in Massachusetts
The people of Massachusetts, who until now have been entirely clueless about the fat content of any food, will finally be set free from their…
Blog
Let the Sunstein In
I was cheered this morning by the news that Cass Sunstein of the University of Chicago is to be the next head of…
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Thousands Die After Zimbabwe Dictator Nationalizes Water Systems
Thousands of people have died of cholera in Zimbabwe after the country’s left-wing dictator Robert Mugabe nationalized municipal water systems to seize their revenue,…
Daily Iowegian
The Hidden Costs of Government Regulation
Newsletter
Coleman v. Franken, Drug War TV and $8 Trillion Worth of Stimulus
Sen. Norm Coleman (R-MN) announces a legal challenge to an election ruling favoring his rival Al Franken. ABC premieres the primetime drama “Homeland Security USA,”…
Blog
Card Check Loses Support, but Threat Isn’t Over
Today in The Wall Street Journal, Kimberley Strassel dissects the shifting political prospects for the Employee Free Choice Act (EFCA), commonly known as the…
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Prediction 2009: No Net Neutrality Regulation
Perhaps this is just wishful thinking, but I think that 2009 may see the death of calls for net neutrality regulation and may even see…
Products
CEI Planet: January – February 2009
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: From The…
Blog
Davis-Bacon from the Pork Barrel
In today’s Wall Street Journal, the Brookings Institution’s Clifford Winston points out some critical pitfalls likely to face the infrastructure spending element of President-elect…
Blog
Jail Time for Conflict of Interest?
David Bruggeman at Prometheus has what I think can only be described as an extreme view of conflict of interest: An Emory University Researcher…
Blog
Madoff: Hiding in Plain Sight, Thanks to SEC
Contrary to popular belief, Madoff's $50 billion Ponzi scheme was subject to to a variety of financial regulations, something he actually used as a selling…
Letters
Letter To President Obama on Credit Unions and Business Lending
Full Document Available in PDF December 23, 2008 The Honorable Barack Obama President-Elect…
Blog
Fewer Toys for Christmas
Small toy manufacturers may go out of business thanks to the “Consumer Product Safety Act of 2008,” which Congress hastily passed in response to…
Daily Iowegian
The 2008 Year in Poker
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Bush Auto Bailout Illegal, Bailout Supporter Admits
Clinton Administration Labor Secretary Robert Reich, who supports bailing out the Detroit automakers (whose unionized workers are paid $70 an hour), nevertheless points out…
Blog
GM-Chrysler Merger Likely Blocked by Antitrust
General Motors & Chrysler could be strengthened by a merger, an option that wouldn't cost taxpayers a dime. But, the idea has been pushed aside,…
Blog
Mortgage Madness
Here is a letter I fired to the Wall Street Journal: December 17, 2008 Editor, The Wall Street Journal 200 Liberty Street New…
News Release
White House Auto Bailout a Recipe for Failure
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How Do Regulations Stack Up as a Small Firm Grows?
Tomorrow, electric utilities and green groups team up at the National Press Club to ask for billions of new spending on what they term energy…
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Credit Card Price Controls Harm Consumers
The Wall Street Journal editorial got it exactly right: The Federal Reserve cut rates to historic lows Tuesday, but today it…
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