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
This week in ridiculous regulations: airline fees and greenhouse gas reporting
The Federal Register grew at nearly triple its usual pace last week. It is on pace for its first-ever 100,000-page year. GDP growth slowed to…
The Center Square
Study: Mixed record on permitting reform offers some hope
CEI’s James Broughel provided comments to The Center Square about a study he authored: “Pennsylvania’s a state where energy is very important to its…
Forbes
Libertarian Victory: You Mean We Can Shut Down Government Without Even Passing A Law?
It is happening again. Congress will enact another bloated, pork-laden and largely unread omnibus spending bill to complete formal appropriations for the 2024 fiscal year…
Search Posts
News Release
FCC Should Repeal Media Ownership Rules
Contact for Interviews:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 Washington, D.C., May…
Op-Eds
OMB OTL? What good is a sleeping watchdog?
What would you do if federal lawmakers proposed increasing annual taxes by $8,000 per household? You, and many other taxpayers, would likely retaliate in…
Products
April/May edition of CEI’s Monthly Planet
Full Document Available in PDF Article in this edition:…
Op-Eds
Avoid More Mandates
As more and more Americans become investors, paternalistic regulators are demanding greater disclosure by mutual funds to protect consumers from excessive brokerage commissions…
Citation
Help Wanted
News Release
CEI President Urges DOT to Reduce Regulation of Online Travel Services
Today the Department of Transportation (DOT) is holding a public hearing regarding the latest review of its restrictions on computer reservations systems (CRSs).
News Release
Opportunity for Revolution at EPA
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 <?xml:namespace prefix…
Op-Eds
Junk Laws Can’t Cut the Spam
Unsolicited commercial junk email, or “spam,” is a huge problem. Especially the porn; I have to shoo my children out of the room whenI check my e-mail. But junk legislation offered up to presumably solve the problem can make things worse. Touted at an unsolicited press conference last week, Sen. CharlesSchumer, New York Democrat, proposed legislation that would imposesubject-line labeling requirements for commercial e-mail (it wouldhave to say “ADV”); forbid concealing one's identity; mandate an”unsubscribe” mechanism; ban the use of software capable ofcollecting e-mails from the Internet; set up stiff non-compliancefines; and establish an expensive (and likely hackable and thus worse-than-useless) Do-Not-Spam list at the Federal TradeCommission. Of course, politicians exempt themselves as possibleoffenders under anti-spam legislation, remaining free to send usjunk campaign material. The downside to an Internet in which you can contact whomever youwant, is that anyone can contact you. Spammers pay no postage orlong-distance charges. The solution is to shift those costs back tothe spammer; the question is whether to do that is legislatively ortechnologically. Plainly, peddling fraudulent merchandise or impersonatingsomebody else (such as a person or organization like AOL) in the e-mail's header information should be punished, as should breaking anagreement made with an Internet service provider (ISP) thatprohibits bulk mailing. But in the debate over the outpouring of spam, it's important toavoid unintentionally stifling beneficial e-commerce. Regulatingcommunications isn't something to be done lightly. If a law merelysends the most egregious spammers offshore to continue hammering us,that may simply create legal and regulatory hassles for smallbusinesses trying to make a go of legitimate e-commerce, or formainstream companies that are not spammers. Commercial e-mail, evenif unsolicited, may be welcome if the sender is a business sellinglegal and legitimate products in a non-abusive manner. As the market works to shift costs of commercial e-mail back tothe sender, we must be on guard against legislative confusion inapproaches like Mr. Schumer's: How might the definition of spamexpand beyond unsolicited and commercial e-mail? What about unsolicited political or nonprofit bulk e-mailings,press releases, resume blasts and charitable solicitations? Whatabout newsletters that contain embedded ads? Or what about one'spersonal e-mail signature line with a link back to one's employer?That's a subtle solicitation, whether we admit it or not. At thevery least, unwise legislation would create serious headaches fornoncommercial e-mailers like nonprofit groups. Would pop-up adsbecome suspect in the aftermath of spam legislation? They're not e-mail, but they are unsolicited and commercial. Finally, legal bans on false e-mail return addresses, as well asbans on software capable of hiding such information, have worrisomeimplications for free speech and anonymity for individuals, and willbe ignored by spammers anyway. Well-meaning individuals can use”spamware” to create the contemporary version of the anonymousflyers that have played such an important role in our history.Individuals should retain the ability to safeguard their anonymityeven in (or perhaps especially in) a mass communications tool like e-mail. In an era in which so many people are concerned about onlineprivacy, a law that impedes a technology that can protect suchprivacy would be curious indeed. Smarter approaches to the spam epidemic include better e-mailfiltering, such as setting the owner's screen to delete bulk mailand to receive only from recognized and approved e-mail addresses.That's particularly appropriate for children's e-mail accounts.Emerging “handshake” or “challenge and response” systems capable oftotally blocking spam show promise: Because the most offensive spamis sent by automatic bulk-mailing programs that are not capable ofreceiving a reply, spam no longer appears in the in-box. Identifiers or “seals”' for trusted commercial e-mail could beanother means of helping ISPs block unwanted e-mail. A newconsortium including America Online, Microsoft, and Yahoo, toestablish “certified” e-mail would bolster this approach. Given the perfectly understandable desire to stop unsolicited e-mail, it is all too easy for Congress to undermine legitimatecommerce, communications and free speech. And crippling Internetcommerce would be especially pointless if spam continued pouring infrom overseas. A better target is unsolicited press conferences,like the one at which Mr. Schumer dropped his bill. $25,000 fine, atleast. Send payment to [email protected]. <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
When Molecules Fly
Should the federal government fund scientific research with taxpayer dollars? Boondoggles like the Superconducting Supercollider, the space station, energy research programs, the Supersonic…
Op-Eds
Real-Time Dragnet: Cracking down on Internet innovation
“To serve and protect” is a longstanding slogan of police departments everywhere. It’s also an accurate description of a political dragnet against e-commerce, a scenario…
Op-Eds
Utopian Policymaking: The Inherent Dangers of “Inherently Safer Technology”
What would you say if the federal government proposed phasing out large commercial airplanes? After all, they could argue that using only small planes with…
Citation
Few Groups Challenge Regulatory Data Under Act
CEI Planet
February Edition of CEI Monthly Planet
Full Document Available in PDF Articles in this edition:…
News Release
New Federal Rule on Alcohol Ads and Public Health
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 28, 2003—Today the U.S. Treasury’s Alcohol and Tobacco Tax and Trade Bureau (formerly…
News Release
New SEC Rules Create Added Costs, Little Benefits
Washington, D.C., January 29, 2003 – Despite opposition from many sources, the Securities and Exchange Commission recently adopted new rules on forced disclosure…
News Release
Environmental, Other Regulations Under Scrutiny
Washington, D.C., December 20, 2002—From energy conservation standards for washing machines to labels on genetically modified food, many federal regulations are coming…
Study
How to Drive Competition in a “Deregulated” Market
View Full Document as PDF…
Op-Eds
EPA’s $32 Trillion Negligible Risk
It is no surprise that federal agencies often tailor their interpretation of the facts and the law to support various policy goals. It should…
Study
CEI Senior Fellow Publishes New Book On EPA’s Regulatory Enforcement
Out Of Bounds, Out Of Control: Regulatory Enforcement At The EPA CEI Senior Fellow James DeLong Publishes New…
Products
August/September 2002 Edition of CEI Update
Full Document Available in PDF Articles in this edition: “Nothing But Hot…
Op-Eds
Getting The Rails Back On Track
As the recent crash of an Amtrak passenger train in Maryland illustrates, our nation's railroad tracks are in dire need of maintenance or replacement.
Citation
Accounting Rules Still Should Adopt to New Economy
Products
June/July 2002 Edition of CEI Update
Full Document Available in PDF Articles in this edition: “Daniels In The…
Op-Eds
Electricity Restructuring Is No License For Central Planning
Economists sometimes gets confused—specially when the real world doesn't fit into their…
Business Week
Harvey Pitt: Thunder to the Left, Thunder to the Right
Op-Eds
Laws Can’t Protect Kids from Porn
When it comes to protecting kids from porn on Internet Web sites, should “community standards” apply that would restrict materials regarded by the…
Business Week
New Laws are Unnecessary
Politicians of all stripes are rushing into the Enron fray, eager to use this event as the pretext for enacting new regulations and laws against…
Op-Eds
New Laws Are Unnecessary
Politicians of all stripes are rushing into the Enron fray, eager to use this event as the pretext for enacting new regulations and…
News Release
Nation Goes Back To Work Of Economic Recovery
Washington, D.C., September 20, 2001— The terrorist attacks of last week have left a heavy burden on the United States – psychologically, politically,…
News Release
Wall Street Journal Advises President Bush to Follow CEI’s Lead on Regulatory Reform
Review & Outlook Father Knows Best As commander in chief, George W. Bush now outranks his dad. But there are still things he…
Op-Eds
Old Law vs. The New Economy: How New Deal-era Regulations Stifle Flexible Work Arrangements
Delong Article Published In Reason Magazine<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> In August 1997, a certain Mr. T. Trahan of CSC…
Comment
Michael Greve Testifies on Internet Sales Tax Issue
View Full Document as PDF Michael S. Greve cites CEI research in his testimony on Internet sales taxation before the U.S. Senate…
Op-Eds
Second Wind for the Global Economy: Kemp Nationally Syndicated Column
Copyright 2001 Copley News Service Kemp Column Distributed by Copley News Service July 9, 2001 Even as the…
News Release
Cost of Government Day
The Deadly Cost of Fuel Economy Regulations Statement of Sam Kazman, General Counsel Competitive Enterprise…
News Release
White House Listening on Regulatory Reform
Washington, DC, June 29, 2001 — With the fight over taxes over for now, the Bush Administration may soon be taking a hard…
News Release
Federal Court Dismisses Alcohol Advertising Case
Washington, DC, June 26, 2001— A federal district court last week dismissed a challenge to a federal agency’s ban on advertising the medical…
News Release
Little-Known Regulations Contribute to Cost of Government
Washington, DC, June 19, 2001 — Many American know that they must work, on average, from January 1 to May 3 (Tax Freedom…
News Release
Benefits of Moderate Alcohol Consumption to Get Their Day in Court
Washington, DC, June 11, 2001— The Competitive Enterprise Institute and Consumer Alert will present their case for freedom of speech in alcohol labels…
News Release
Statement from CEI President Fred Smith Regarding New CBO Report on Fannie Mae and Freddie Mac
Washington, DC, May 23, 2001 – The latest figures from the Congressional Budget Office indicating that Fannie Mae and Freddie Mac receive more than $10…
News Release
Washington’s 10,000 Commandments Place Heavy Burden on American Families
Washington, DC, May 21, 2001 — The Competitive Enterprise Institute today released the study 10,000 Commandments: An Annual Policy Maker’s Snapshot of the…
News Release
Public Interest Group Criticizes Attack on OMB Nominee
Washington, D.C., March 13, 2001—The Competitive Enterprise Institute is accusing critics of the Administration’s new Office of Management and Budget nominee, John D.
Business Week
Tax Cut Fast Track
Virtually everyone agrees that George W. Bush confronts a rapidly weakening economy as he assumes the presi- dency. Cutting marginal tax rates was at the top…
Business Week
Tax Reform Can be Everyone’s Agenda
While the marathon presidential election in Florida grinds to a conclusion, in Washington, D.C., members of Congress returned in lame-duck session to finish up this…
Business Week
In Obscurity, Clinton Regime Saves Worst Regulations for Last
Americans have developed a fetish-like fixation on the “first hundred days” of incoming ‘administrations in the era of promise-us-everything politics. They use the honeymoon period…
Op-Eds
With Cheney, Smart Economics in Supply
Richard Cheney, George W. Bush’s choice for running mate, understands that this marvelous “new” economy we enjoy today began with the across-the-board tax-rate reductions…
Business Week
Spending on Red Tape is Rising
News Release
10,000 Commandments — New Report Details REAL Cost of Government
Washington, DC, May 9, 2000 – As last minute filers rushed to finish their taxes and write their checks to the government recently, Congress…
News Release
Shadow Insurance Regulation Committee Statement on Regulatory Restructuring
Washington, DC, May 5, 2000 – The Shadow Insurance Regulation Committee concludes that the two main objectives of any restructuring of insurance regulation…
Business Week
Gorging on Regulations
Congress is now debating the $1.8 trillion federal budget. While federal spending consumes an awesome 18 percent of nation’s economic product, the official budget at least…
News Release
Shadow Insurance Regulation Committee issues statements on Commercial Insurance Deregulation, Workers’ Comp, and Electronic Comm
Washington, DC, April 19, 1999 – The Shadow Insurance Regulation Committee issued three statements of consensus today, concerning commercial insurance deregulation, workers’ compensation…
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