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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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
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Cut Down On Unfunded Mandates, Part III
In my last post, I discussed the ways in which Rep. Virginia Foxx’s (R-N.C.) Unfunded Mandates Information and Transparency Act (UMITA) updates and improves…
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Cut Down On Unfunded Mandates, Part II
In my last post, I explained the concept of unfunded mandates, and why we need to find a way to curb Congress’s ability to pass…
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CEI’s Battered Business Bureau: The Week In Regulation
81 new rules and 1,283 Federal pages last week, covering everything from sippy cups to perch fishing in Alaska.
Washington Times
Season for Relief From Big Government
The good news is that this year’s budget deficit will be half a trillion less than last year’s. The bad news is that it still…
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Revised Cybersecurity Act Makes Meaningful Progress On Privacy
em>By Ryan Radia and Berin Szoka A new version of the Cybersecurity Act of 2012 was introduced last night (PDF), and a vote on…
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Cut Down On Unfunded Mandates, Part I
Next week, the House will likely vote on H.R. 4078, a reform package entitled “The Regulatory Freeze for Jobs Act of 2012.” One of the…
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CEI Files Amicus Brief In Support Of EPIC’s Petition To Force A TSA Rulemaking On Strip-Search Machines
Today, the Competitive Enterprise Institute (CEI) filed a brief of amici curiae in support of the Electronic Privacy Information Center's (EPIC) petition for writ…
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On Dodd-Frank’s Unhappy Anniversary, Main Street Suffers Most
The LIBOR rate-fixing controversy and JP Morgan's failed trades are all spun as reasons why we need Dodd-Frank, the so-called "financial reform" law that was…
Legal Brief
Brief of Amici Curiae Supporting EPIC’s Petition for Writ of Mandamus (EPIC v. DHS)
In the last half decade, as millions of Americans have undergone AIT screening by the TSA, none have been afforded an opportunity to comment on…
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Robert De Niro Admits Progressivism Kills Economies
Question: What do you get when a left-leaning state enlists a progressive celebrity to brag about how un-leftist the state is? Answer: The hilarious…
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Flame Retardant Risks Overblown
Senator Frank Lautenberg (D-N.J.) and 25 members of Congress recently sent a letter to EPA Administrator Lisa Jackson urging quick action on regulations…
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Do Shampoo “Technicians” Really Need To Be Licensed?
I never knew how unqualified I was to bathe myself. The states of New Hampshire, Tennessee, Alabama, Louisiana, and Texas all have laws requiring professional…
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Obama Administration Urged Self-Reliant Hispanics To Go On Food Stamps
The government encouraged self-sufficient Hispanics to apply for food stamps, in a Spanish-language radio campaign that continued until English speakers finally became aware…
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CEI’s Battered Business Bureau: The Week In Regulation
84 new rules and 1,412 Federal Register pages, covering everything from fair use of the FBI's anti-piracy seal airline pilot's working hours.
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The Other Scandal In Unhappy Valley
So it turns out that Penn State has covered up wrongdoing by one of its employees to avoid bad publicity. But I'm not talking about…
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Regulation Roundup
Britain bans starting pistols from track meets, plus more.
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Rent-Seeking In The Apple Industry
A small food company in Canada has grown an apple that doesn’t turn brown after being sliced. Not everyone thinks it’s a great idea.
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Alcohol Regulation Roundup: Friday The 13th Edition
Happy Friday the 13th, everyone! Remember: raise your glasses with extra care this evening. Connecticut: In a continued effort to remain competitive with alcohol…
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Financial System Continues To Not Collapse On JPMorgan Chase Earnings Report
As was was widely reported this morning, JPMorgan Chase today released its quarterly earnings statement, disclosing $5 billion of net income after accounting for a…
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FDA Delay Likely Killed Thousands, Imposed Billions In Costs
The FDA didn’t approve a home test for HIV until 24 years after it first received an application. According to an FDA advisory committee,…
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Sign A Petition Requiring The Transportation Security Administration To Follow The Law!
Over at the White House’s “We the People” site, a petition rapidly gathering signatures that demands that the Transportation Security Administration abide by a…
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Dietitian Licensing Board Attempts To Limit Free Speech, Silence Bloggers
Have you ever given someone advice on how to lose weight through dietary changes? Have you ever recommended that certain foods could be consumed or…
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TSA Roundup
Everyone's favorite sexy-searchers are back in the news, but not for the right reasons.
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Poisonous Advice From The Environmental Working Group
Here we go again. The Environmental Working Group (EWG) has issued its 2012 Shopping Guide to Pesticides in Produce — which is the eighth edition…
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Regulation Of The Day 224: Competing With Taxis
A cool startup company called Uber operates in about half a dozen cities in the U.S. and Canada, and is growing fast. Think of…
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CEI’s Battered Business Bureau: The Week in Regulation
71 new rules and 1,388 Federal Register pages covering everything from wedding entertainment to collisions at sea.
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Italy Kicks the Can on Labor Reform
Italy continues to put off addressing its most fundamental economic problem: impossibly rigid labor regulation. In this letter to The Wall Street Journal, I explain why…
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Rhode Island Elected Officials Subvert the Gift Clause, Taxpayers Pay the Price
Over at the Rhode Island Providence Journal, my colleague Jessica Miller and I express the need for Rhode Island (along with every other state)…
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Google, Antitrust Antagonism, Patent Trolling, and Joseph Schumpeter
Google has been in the news lately for all the right reasons, but also some wrong ones. The FTC is investigating its use of patents…
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CEI Podcast for July 5, 2012: Relic of Prohibition
Prohibition ended 79 years ago, but in Washington, D.C., it is still illegal to buy liquor on Sundays. Fellow in Consumer Policy Studies Michelle Minton…
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Against the First Amendment: How Public-Sector Unions Neglect Free Speech
No one should be forced to join or contribute to any organization if they do not want to do so. This principle forms the bedrock…
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Alcohol Regulation Roundup: July 4th Liberty Edition
As you prepare to raise your glass in celebration (or memorial) of American freedom, give a cheer for the ever increasingly liberated alcohol laws around…
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Regulation of the Day 223: Fred Flintstone Cars
Sebastian Trager built a replica of Fred Flintstone’s car, but regulators won't let him drive it.
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Food Safety Regulations That Kill
In Reason magazine, Baylen Linnekin writes about "the sickening nature of many food-safety regulations," like the "poke and sniff" inspection method mandated by the…
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Regulation of the Day 222: Macaroni
According to federal regulations, you may not, in fact, stick a feather in your hat and call it macaroni.
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Court’s Obamacare Decision — What Would John Locke Say?
Richard Epstein of the Hoover Institution and the University of Chicago Law School gives the Chief Justice some tough love in “What Was Roberts…
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D.C. To End Sunday Liquor Ban?
In D.C. politics, one month can make all the difference. At the end of April, Ward 1 Councilmember Jim Graham said that he opposed…
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The Good, the Bad, and the Broccoli
Most people thought that the health care decision would hinge on the Court’s interpretation of the Commerce Clause. That’s why I wrote the first three…
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CEI’s Battered Business Bureau: The Week in Regulation
101 new final regulations, covering everything from Costa Rican flowers to tanning.
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Obamacare Lives. So, Now What?
Former CEI scholar Tom Miller (now with AEI) has some thoughts on the Obamacare decision in today's…
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Soda Pop, States’ Interests, and the General Welfare
Michael Bloomberg is as notorious as any American politician of our time. The New York Mayor’s recently proposed ban on “sugary drinks” larger than 18 ounces is the…
Reason
Government Mini Golf: The Federal Regulations For Putt-Putt Courses
From Peter Suderman's post on Reason's Hit & Run: Under the umbrella of the Americans with Disabilities Act, the federal government has issued…
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CEI Podcast: June 28, 2012: The Obamacare Decision
General Counsel Sam Kazman shares his thoughts on the Supreme Court's health care decision, the Commerce Clause, Congress' taxation power, and more.
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Supreme Court Concocts New “Rational (Tax) Basis” Test in Upholding Health Law
In a move that seems to have surprised many observers, the Supreme Court today upheld nearly all of the Patient Protection and Affordable Care Act…
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Obamacare Upheld, 5-to-4: A Perverse Decision That Undermines Political Accountability
Today, in a really perverse ruling, the Supreme Court upheld Obamacare's individual mandate as a tax in a 5-to-4 decision, even though Obamacare's supporters…
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Quick Thoughts on the Health Care Ruling
The Supreme Court upheld the health care bill, as you've no doubt heard by now. Over at the Daily Caller, I offer a few quick…
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Regulation of the Day 221: Miniature Golf Courses
The federal government regulates the slopes of miniature golf courses.
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A Political Climate that Discourages Setting Up a Small Business
The EEOC has punished a cafe owner for not selecting a hearing- and speech-impaired applicant for a cashier’s position, even though such impairments obviously…
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Highway Bill Would Continue Pension Underfunding Shell Game
As if the Senate Highway Bill (S. 1813) could not become more of a lumbering monster, along comes its Section 40312, which allows "pension…
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Supreme Court Limits Arizona’s Anti-Immigration Law
The Supreme Court has struck down portions of Arizona’s SB 1070 — the controversial immigration law that targets undocumented migrant workers. The Court ruled that…
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