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: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
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Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
Search Posts
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Cordray Already on Board — In a Video — At Consumer Financial Protection Bureau
The Obama administration wasted no time in putting in place – in a home-page video — Richard Cordray as head of the Consumer Financial…
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CEI Files Amicus Brief in Magner v. Gallagher, to Guard Against Financial Meltdowns and Racial Preferences
To help prevent another financial crisis, CEI helped file an amicus brief in a pending Supreme Court case, Magner v. Gallagher. The case tests…
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Cordray Recess Appointment is Travesty for Government Accountability
News is just breaking that President Obama will today make a "recess" appointment of Richard Cordray to head the Consumer Financial Protection Bureau, a powerful and…
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Obamacare Causes Layoffs in Medical Device Industry, Harms Medical Innovation
Ramesh Ponnuru writes about the layoffs and lost jobs resulting from Obamacare's new tax on medical devices at Bloomberg News: A year from…
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Regulation of the Day 203: Sledding
Out-of-towners are not allowed to go sledding in Beaver Borough, Pennsylvania.
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A New Year’s Resolution for Capitol Hill
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Myron Ebell explains the benefits of a Fed. Judge blocking California’s plan to regulate emissions
Myron Ebell explains the benefits of a Fed. Judge blocking California's plan to regulate emissions…
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CEI Podcast for December 29, 2011: A Record Year for Regulation
Vice President for Policy Wayne Crews talks about why 2011 was a record year for both new regulations and their cost, and his ongoing "Ten…
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America’s Businesses Get It: Immigration Is Good
Anti-immigration advocates believe that harsh new laws will drive illegal immigrants out of the United States. They ignore the fact that the primary victim…
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Obamacare Stifles Job Creation, Causes Layoffs
At Bloomberg News, Andrew Puzder, CEO of CKE Restaurants, Inc., explains how the 2010 healthcare law is preventing jobs from being created and resulting…
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Record Red Tape
Over at Big Government today I noted the Federal Register of 2011 has almost reached the level of last year’s record. Given that 2011’s…
Op-Eds
Another Record-Breaking Federal Register? Federal Regulations Surge in 2011
The Federal Register is the daily depository of all proposed and final rules and regulations, as well as presidential documents, executive orders, agency internal…
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Regulation of the Day 202: Farting Pigs
It isn’t often that one sees Nobel-winning economist Ronald Coase’s name and pig farts in the same sentence. Thanks to a recent court decision in…
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Businessmen: Obamacare Stops Them from Hiring
Journalist John Stossel describes how "three successful businessmen came on" his TV show last week "to explain how Obamacare is a reason that unemployment stays…
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Holiday Travel Travails
Just in time for the holiday travel season, Vanity Fair’s Charles C. Mann took a trip through airport security with security expert Bruce Schneier.
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2011 Brought Lots of Good News for Salt Lovers
With holiday cooking on most of our minds this week, it's worth celebrating some good news about one of the most beleaguered food ingredients: table salt. For…
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Governor Dayton’s Baleful Influence on Labor Relations
Minnesota State Senator Mike Parry (R-Waseca) recently caused a stir with strong accusations against Governor Mark Dayton. “It's no secret that the labor unions helped…
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Dick Durbin’s Hypocritical Quest for “Honest Information’ on Bank Fees
Senate Majority Whip Dick Durbin (D-Ill.) wants banks and credit unions to know that he's all about transparency and "honesty" in consumer fees. In his…
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Alcohol Regulation Roundup: December 20, 2011
With the holidays near and all in good cheer, here is some alcohol news at which you can jeer. And you plan on having booze…
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Useless Law School “Educations” Shielded Against Improvement and Competition by Special-Interest-Driven Regulations
The New York Times featured an excellent news story Sunday by David Segal on the costly white elephant that is legal education in America.
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Memo to Gingrich: Credit Unions are Not GSEs
Let me begin this post with a disclaimer, of which many of our readers are already aware. The Competitive Enterprise Institute and OpenMarket.org do not…
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FDA Needs to Act on Internet and Social Media Policy
Way back in September 2009, the Food and Drug Administration announced that it would begin using the social media site Twitter to share news and other…
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Obama’s Transparency War Targets Climate Skeptics
President Obama ran on a platform of transparency. He praised whistleblowers. “Such acts of courage and patriotism,” he said, “should be encouraged rather…
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NTSB Recommends Useless National Ban on All Mobile Phone Use while Driving
The National Transportation Safety Board (NTSB) yesterday called on all states to ban "the nonemergency use of portable electronic devices (other than those designed…
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FDA Was Right to Deny Petition to Restrict Animal Antibiotics
I didn't have a chance to write about it then, but a few weeks back the Food and Drug Administration denied a…
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A Nice Review of Stealing You Blind
David Hogberg of Investor’s Business Daily and The American Spectator has a very complimentary review of my book, Stealing You Blind: How Government Fatcats…
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CEO of Land-Based Casino Morally Opposed to Online Gambling
File under Hypocrisy 101. Sheldon Adelson, the CEO and Chairman of Las Vegas Sands Corp., which owns some of the largest casinos in…
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Immigration is Good for Natives
Alabama, South Carolina, and Georgia are joining the list of states with tough anti-immigration laws. On January 1, most of those laws…
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Print Out Your Durbin Dollars
Senator Dick Durbin has a truly backwards view of how capitalism is supposed to work. Thanks to price controls produced by his amendment to the…
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The GOP Response to TSA Strip-Searches
The TSA has allegedly strip-searched an elderly woman for wearing a back brace. They wrongly suspected it was a money belt. This search was security-unrelated;…
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Dept. of Labor to Send Ag-Youths A’packin’
Regulatory war has been waged against another job-creating sector of the American economy. The U.S. Department of Labor has set forth new proposals restricting children…
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Christmas Liquor Bans: Is Your State on the List?
If you were planning to go-a-Wassailing along this Christmas, you may want to read this post carefully so that you can plan your booze-buying accordingly…
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Regulation Roundup
Boy, 7, kicks bully in the groin, school officials threaten sexual harassment charges, plus more.
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NLRB Drops Case against Boeing – Finally
Today, the National Labor Relations Board (NLRB) announced that it has decided to drop its case against Boeing, over the airplane manufacturer’s opening of…
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CEI Podcast for December 8, 2011: House Passes the REINS Act
Vice President for Policy Wayne Crews talks about the impact REINS could have on increasing transparency and accountability. He also offers up a few more…
Op-Eds
A Cautionary Tale on Government Spying
Who enforces the law? Most people would answer that this is the central function of government. However, America’s federal government has increasingly distanced itself from…
Op-Eds
Labeling Of Biotech Foods Is Unnecessary And Unconstitutional
This piece was co-written with Henry Miller. Should the government require that labels on cans of marinara sauce contain information about whether the tomatoes in…
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Idaho Reps. Simpson, Labrador Hail House Passage of Regulatory Reform Bill
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Good News/Bad News on Compensating Bone Marrow Donors
By now, there's been plenty of news highlighting last week's decision by the Ninth Circuit Court of Appeals that the National Organ…
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Reforming Medical Malpractice Law: Interesting Discussion about Damage Limits in Malpractice Cases
Point of Law has an interesting debate over whether medical-malpractice noneconomic damage caps hurt consumers, between Ted Frank and Shirley Svorny. As…
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Alcohol Regulation Roundup: December 7, 2011
Arizona: Liberalization of beer laws in Arizona has kick-started the state’s craft brewing market. The state allows small producers to skip the wholesaling tier…
Op-Eds
Without REINS It Pours: A Christmas Wish For Sane Government
This year, Congress has passed and the president has signed into law 39 pieces of legislation by my quick count. They’re representatives, elected precisely…
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Legalizing Kidney Sales Would Save Thousands of Lives, Save Taxpayers a Bundle
Kidney sales should be legal, explains kidney donor Alexander Berger in The New York Times. Berger is a research analyst for GiveWell, a nonprofit that…
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Brooks: More Regulations Don’t Have Huge Effect on Economy
David Brooks’ article today in The New York Times belittles the cost of regulation to American businesses and the U.S. economy and praises the…
News Release
House Expected to Vote Tomorrow on REINS Act
Washington, D.C., December 6, 2011 –Tomorrow, the U.S. House of Representatives will likely vote on the Regulations from the Executive In Need of Scrutiny…
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Labor Leaders for Communism!
Legendary labor leader Andy Stern has seen the future. There's no freedom there, but he's OK with that. Stern, a former president of the Service…
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On 10th Anniversary of Enron Collapse, Time for Sarbanes-Oxley to Go
Ten years ago today, Enron Corp. filed for bankruptcy. Today, with all of its dealings with banks, it would probably have been deemed "too big…
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GOP Hopefuls, Administration on Same Page
Op-Eds
The Regulatory Thicket
How to Do ItIn the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation.
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Barney Frank’s Committee Rebukes Dodd-Frank Derivatives Rules
There are other factors at play, but has anyone noticed how much the stock market has surged since Rep. Barney Frank (D-Mass.) announced he…
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