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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Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar beliefs,…
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Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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Regulation Roundup
Doormats banned in Leeds, exploding sausages in Canada, plus more.
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CEI Podcast For August 30, 2012: Delayed FDA Rules Should Be Scrapped
Senior Fellow Greg Conko argues that these rules should be scrapped altogether for two reasons: they will do little to improve food safety, and they…
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Regulation Of The Day 227: Returning From The Moon
When Armstrong, Aldrin, and Michael Collins returned to Earth after the Apollo 11 mission, they actually filled out a customs form.
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In Free Speech Victory, SEC Lifts Gag Rule On Hedge Funds And Venture Capital
Today's proposed Securities and Exchange Commission (SEC) rule lifting the outdated ban on "general solicitation" by hedge funds and venture capitalists is a victory for entrepreneurs,…
Blog
Congress Should Create A Repeal Committee
David Deerson and I look at how such a committee might work in a piece over at RealClearPolicy:…
RealClear Policy
Congress Should Create a Repeal Committee
When Congress passes a highly unpopular bill that forces people to buy products from private businesses, and then the Supreme Court upholds it, something needs…
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CEI’s Battered Business Bureau: The Week In Regulation
76 new rules and1,687 Federal Register pages, from offshore drilling to odometers.
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Regulation Roundup
A creative way to get around liquor permits, plus more.
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Clinton Vs. Clinton (And Obama) On Deregulation
With little success on the economic front, President Barack Obama in 2012 is embracing much of his message on the economy from 2008. And from that playbook,…
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CEI Podcast for August 23, 2012: Bailouts as Corruption
Senior Fellow Matt Patterson argues that when government is big and powerful enough to dispense favors like bailouts, special interests will flock to Washington to…
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Regulation And The Green Bay Packers
The NFL has a 53-man roster limit, but it doesn't prescribe how many linemen or quarterbacks the team must carry. That's up to the GMs.
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FDA Rules Won’t Work, Will Harm Small Farmers
The FDA recently decided to delay implementing about $1.4 billion of food safety regulations until after the November election. We think the FDA should scrap…
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Regulation And Government “Science” Cost Us More Than Dollars
Today, the Independent Women's Forum blog highlights a new NERA Economic Consulting study (produced for Manufacturers Alliance for Productivity and Innovation) on the costs…
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CEI’s Battered Business Bureau: The Week In Regulation
65 new rules, from offshore drilling to closed captioning.
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Regulation Roundup
Fines for inaccurate weather forecasts, illegal chocolate egg smuggling, plus more.
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West Nile Outbreak Warrants Pest Control — Pesticide Spraying Included
This year, Texas is experiencing its worst outbreak of the mosquito-transmitted West Nile virus ever. Fortunately, most people who get it won't suffer…
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Regulation And The Setting Sun
Agencies are well-equipped for passing regulations, but not for repealing them. This becomes a problem as the years march on, and dusty old rules that…
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California’s Unconstitutional Proposition 37
Writing in the Daily Caller, legal commentator Walter Olson says that California's Proposition 37 is bad policy that will only enrich opportunistic lawyers:…
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Time To Extinguish Flame Retardant Hype
Flame retardants are making headlines these days thanks to an “exposé” — more properly characterized as an unsubstantiated smear campaign — published as a…
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Equal Pay Should Be For Equal Work, Not Unequal Work
Yesterday, I criticized the assumption that people should receive equal pay for unequal work, such as requiring the average woman to be paid exactly…
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When Wage Gaps Are Fair
When I and my wife first got married, she worked shorter hours than I did, and used her additional time outside the workplace for activities…
American Spectator
Needed: Judicial Activism
When it comes to the issues, it’s much harder than it should be to find substantive differences between President Obama and Mitt Romney. One potential…
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Alcohol Regulation Roundup: Dog Days Edition
These days in D.C., the mercury regularly rises above the 90-degree mark right along with most of the U.S. As unpleasant as it might be…
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CEI’s Battered Business Bureau: The Week In Regulation
68 new rules, from health care to Glasflugel gliders.
Barron's
Laws Gone Wild? Drowning in Regulation
Barron's highlights Wayne Crews's study on the federal regulatory burden. According to a forthcoming report by the Competitive Enterprise Institute called Tip of…
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Bureaucratic Green Chemistry
California bureaucrats recently released their proposed regulations implementing the state’s 2009-passed “green chemistry” law. The law supposedly will make life safer for California residents by…
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Regulation Of The Day 226: Hot Dog Carts
Nathan Duszynski is 13 years old and lives in Holland, Michigan. His stepfather has multiple sclerosis. His mother has epilepsy. Neither is able to work.
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Capitalism In Space
Over at National Review Online today, I have a piece on the current state of play in U.S. human spaceflight. It’s…
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The Case For A Repeal Amendment
If you want different results, you need different rules. Allowing two-thirds majorities of the states to repeal federal laws and regulations is one rule change…
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Teachers Unions Defend Institutional Incompetence
No good deed goes unpunished. Take Mayor Michael Bloomberg’s brave decision to lay off 3,600 employees -- including teachers and principals -- of 24 of New…
Forbes
The Least Sexy But Most Urgent Economic Reform Remains Ignored In The Presidential Campaign
Despite the federal government’s unabated growth, the most significant domestic policy landscape change has been shutting off the the power to the Social Security third…
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CEI’s Battered Business Bureau: The Week In Regulation
85 new regulations, from prairie dogs to corporate jets.
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CEI Podcast For August 2, 2012: Cybersecurity Bill Fails
Today the Senate shot down a controversial cybersecurity bill that Associate Director of Technology Policy Studies Ryan Radia believes would have been a disaster.
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The Great Hollywood Swindle
When is a market not a real market? When it trades in fake goods — products or services that could not exist if government didn’t…
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EPA Attack On Asthmatics Coming To An End?
CEI warned policy makers a couple decades ago that an Environmental Protection Agency (EPA) phase out of over-the-counter sales of CFC containing asthma inhalers…
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Regulation Of The Day 225: Boobie Pillows
Kern County, California's government takes morality very seriously. Chapter 9.12.010 of the County Code states that “No vendor shall vend stuffed articles depicting the female…
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Unruly Lead Paint Rule
The U.S. House of Representatives Committee on Oversight and Government Reform recently released an interesting report on regulatory impediments to job creation. Among the…
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CEI’s Battered Business Bureau: The Week In Regulation
86 new rules last week, covering everything from Florida tomatoes to tug boat races.
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Amendment to Cybersecurity Act Would Deter Federal Government Privacy Abuses
[caption id="attachment_58589" align="alignright" width="150"] Lord Acton's beard absolutely knows that power corrupts[/caption] In the ongoing debate over the Senate’s Cybersecurity Act of 2012 (…
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New Regulations Threaten To Wipe Out Community Banks
The new Basel III capital requirement regulations are supposed to strengthen the international financial system, with their avowed effect being to: improve the banking…
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Bloomberg Soda Ban Blocks Sale of Low-Calorie Drinks
As I’ve written before, Mayor Bloomberg’s big-soda ban is ill-conceived, unjust, invasive, and useless, among other things. As Seth Goldman, the CEO of Honest…
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CEI Podcast for July 24, 2012: Unfunded Mandate Reform
Research Associate David Deerson explains why past efforts to rein in unfunded mandates failed, and why new legislation that Congress is set to vote on…
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Don’t Blame Capitalism for Washington State’s Liquor Privatization “Failure”
There is no alternative way, so far discovered, of improving the lot of the ordinary people that can hold a candle to the productive activities…
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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…
Blog
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…
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