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
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Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
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The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
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The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is in…
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CEI, Former State Department Officials Defend Freedom of Contract in Supreme Court Case against Argentina
[caption id="attachment_74355" align="alignright" width="300"] Argentina President Cristina Kirchner[/caption] Can a country seeking to welsh on its debts invoke sovereign immunity to evade not just court…
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CEI Podcast for April 17, 2014: Brexit Strategy
Iain Murray, CEI's Vice President for Strategy, along with Freedom Association Director Rory Broomfield, won second place Institute for Economic Affairs' Brexit Competition. The goal…
Blog
First Ever Constitutional Ruling against Dodd-Frank Voids Destructive “Conflict Minerals” Section
Today’s ruling of the D.C. Circuit Court of Appeals that Dodd-Frank’s "conflict minerals" disclosure mandate violates the First Amendment is the first time ever a court has…
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CEI’s Battered Business Bureau: The Week in Regulation
59 new regulations, from rearview cameras to pocket gophers.
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EEOC Loses Hypocritical Lawsuit against Employer over Background Checks
"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So began a…
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Pompeo-Butterfield Food Labeling Bill: Valuable But Needs Work
Earlier today, Reps. Mike Pompeo (R-Kan.) and G.K. Butterfield (D-N.C.) introduced a bill in the House that would establish federal standards for the labeling of…
Blog
Administration’s Lack of Transparency Extends to States; The Independence Institute Reports New Findings
Although President Obama occasionally clings to the claim that his administration is the “most transparent” in history, with more and more revelations, this gets farther…
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Threatening Free Speech, New Jersey Court Allows Parents to Be Sued for Children’s Facebook Posts
Earlier, we wrote about a Wisconsin town whose ordinance holds parents liable for bullying by their children, including certain speech. We and law professor…
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CEI Podcast for April 9, 2014: A Consumer’s Guide to Chemical Risk
Senior Fellow Angela Logomasini talks about her new Consumer's Guide to Chemical Risk.
Citation
More Profits, Fewer Jobs, But Many Fewer Workers, Too
William Galston makes a valid point with his comment that low interest rates may be counterproductive in the country’s search for more employment (“Soaring Profits…
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Professional Licensing: A Risk to the Free Markets and Freedom of Speech
From physicians to dentists to lawyers, the licensing requirements of many professions are well known—but for bloggers? A recent case in North Carolina demonstrates the…
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Food Policy Fight: Junk Study on Vegetarian Diet
Log on to Twitter and you might read: "A vegetarian diet is associated with poorer health, a higher need for health care, and poorer quality…
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CEI’s Battered Business Bureau: The Week in Regulation
79 new regulations, from whistleblowers to watermelon promotion.
Blog
Is High-Frequency Trading a Form of Front-Running?
On 60 Minutes, Michael Lewis accused high-frequency traders of front-running. Apparently it’s become necessary to remind critics of high-frequency trading of the definition of “front-running.” Front-running – n. “The…
Blog
CEI Podcast for April 3, 2014: Clean Air Act Costs and Benefits
Senior Fellow William Yeatman is skeptical of an EPA report claiming the Clean Air Act will have nearly $2 trillion in annual benefits by 2020.
Fox News
Critics say ‘transparent’ administration anything but open about federal regulations
Federal agencies are required to report all the regulatory actions they have under consideration in what's known as the Unified Agenda twice a year. In…
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Is the Stock Market Really Rigged?
Everyone seems to be jumping into the debate about high-frequency trading, now that Michael Lewis is peddling his new book, Flash Boys. Lewis contends…
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Why Is Obama’s Report to Congress on the Benefits and Costs of Federal Regulation Delayed?
In April 2013, the White House Office of Management and Budget (OMB) issued its Draft 2013 Report to Congress on the…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from refrigerators to Korean chicken.
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Human Achievement of the Day: Bionic Eyes
You won’t see the glory of human achievement if you abide by the World Wide Fund for Nature's recommendation that you spend an hour…
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CEI Podcast for March 27, 2014: Bait and Reciprocal Switch
CEI Fellow Marc Scribner talks about his new paper, “Bait and Reciprocal Switch: Forced Access Regulation Threatens the Rail Renaissance.”…
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Human Achievement of the Day: 3D Printing Cups, Cars, Houses, and Faces
3D printing is a relatively recent technological development that has already begun to revolutionize model-building, structural and other medical procedures, and construction of items from…
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Sneaky Regulation? Federal Agencies Issue over 24,000 “Public Notices” Annually
A mixed economy like ours does not remain static. Economic activity increasingly shifts toward government outright (health care, retirement, education) or exists under "Mother-May-I" constraints…
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How Matt Drudge (and Other Obamacare Victims) Can Escape the “Liberty Tax”
Former Competitive Enterprise Institute Research Associate Michael Mayfield provided invaluable assistance with this post. Matt Drudge's widely discussed…
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CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
News Release
Special Interest Lobby Threatens Freight Rail Deregulation
WASHINGTON, March 24 – A new effort by special interest groups threatens much-needed freight-rail investment, according to a new…
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Draconian Dodd-Frank Durbin Debit Controls Need Not Be More Destructive, Court Rules
As the weather finally turns to spring, the D.C. Circuit Court of Appeals today blew a nice cool breeze of common sense. A bipartisan three-judge…
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Johnson-Crapo Is Phony Fannie-Freddie Reform
Ever since the phrase appeared in Shakespeare's Romeo and Juliet, "A rose by any other name would smell as sweet," and its variations, have…
Blog
Beekeeper Speaks Out against Anti-Pesticide Campaigns
Anyone worried about honey bee survival should read the piece by Canadian beekeeper Lee Townsend in the Guelph Mercury newspaper. In recent years, beekeepers have…
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New Data: Code of Federal Regulations Expanding, Faster Pace under Obama
The annual Code of Federal Regulations (CFR) is the "codification of the general and permanent rules published in the Federal Register…
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CEI’s Battered Business Bureau: The Week in Regulation
67 new regulations, from reformulated gasoline to vitamin D2.
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Bureaucrats Line Up to Regulate Bitcoin
The regulators are tasting blood around bitcoin, and like sharks they are positioning for the kill. The blood that they taste was not actually shed…
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Reining in the Executive Branch Bureaucracy, Part 11: Sunset Regulations and Implement a “One In, One Out” Procedure
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from soybean referendums to jaguars.
Blog
Reining in the Executive Branch Bureaucracy, Part 10: Congress Should Create an Annual Regulatory Reduction Commission
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI Podcast for March 6, 2014: The ALERT Act and Regulatory Transparency
Last week was Stop Government Abuse Week in Congress, and the House passed a number of reform bills that would increase government transparency. One of…
Blog
Obama and Camp’s “Carried Interest” Canard Adds Cost and Complexity to Code
Once again, according to a White House summary of his 2015 budget to be unveiled later today, President Obama will call for "closing loopholes"…
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Obama FY 2015 Budget: Aviation Funding Recommendation Not Great, But a Step in the Right Direction
President Obama released his Fy 2015 budget today. Like his past budgets, as I noted in a previous post discussing the highway and…
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JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
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CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
Blog
Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
National Review
‘Stop Government Abuse’ Week
This week, House majority leader Eric Cantor (R., Va.) is promoting a series of ten bills as part of his Stop Government Abuse Week (hashtag:…
Blog
CEI Podcast for February 27, 2014: Can the EPA Regulate Greenhouse Gas Emissions?
The Supreme Court heard oral arguments this week in a case that could determine whether or not the EPA has the authority to regulate greenhouse…
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Reining in the Executive Branch Bureaucracy, Part 9: Congress Must Affirm Final Agency Rules before They Are Law
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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Reining in the Executive Branch Bureaucracy, Part 8: Create a Culture of Repealing Regulations
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
35 new regulations, from helicopter ambulances to infant formula.
Blog
GW’s Entrepreneurship and Crowdfunding Barriers to Today’s Revolutionary Entrepreneurs
Happy Washington’s birthday, everyone! Although the holiday was on Monday, George Washington’s actual date of birth is tomorrow, February 22, in the year 1732. And…
Blog
CEI Podcast for February 20, 2014: The Expanding Regulatory State
CEI Fellow Ryan Young discusses the large stock of existing regulations and the rapid flow of new regulations.
Blog
Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
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Suing the IRS – And Winning
Proving that sometimes good guys can win, our friends at the Institute for Justice are celebrating a big win against the IRS.
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