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: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
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…
Blog
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…
Search Posts
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Dodd-Frank Violates Separation of Powers and Constitutional Checks and Balances
In a recent edition of the Washington Post, former White House counsel C. Boyden Gray noted that the sweeping Dodd-Frank financial “reform” law passed…
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Morning Media Summary
Tech: Hackers find new way to cheat on Wall Street – to everyone’s peril: “High-frequency trading networks, which complete stock market transactions in…
Blog
CEI Podcast for January 6, 2011: D.C.’s Plastic Bag Tax
Warren T. Brookes Journalism Fellow Kathryn Ciano talks about Washington, DC's five-cent tax on plastic bags.
Blog
More Signs of Incompetence in Washington, D.C. Transit System
In the latest sign of dysfunction at the Washington Metropolitan Area Transit Authority (“Metro”), the struggling subway system has appointed a supervisor of escalators…
Blog
What Government Unions Want: One, Two, Many Californias
That the large Republican gains in the 2010 midterm elections pose a setback for organized labor’s agenda is hardly news. What will be newsworthy is…
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Morning Media Summary
Tech: HHS is Paying Google with Taxpayer Money to Alter ‘Obamacare’ Search Results (Updated): “The brazenness of the Obama administration never ceases to…
Citation
Ag Roundup: New GOP House May Strip Food Safety Law … Can GE and Non-GE Alfalfa ‘Co-Exist?’
One News Show
Record-breaking federal report
The WHIR
What’s hampering innovation?
The WHIR discusses regulation approval processes with Wayne Crews. Wayne Crews of the Competitive Enterprise Institute took the first position. He feels that…
Blog
New York Snow Debacle Shows: It’s Government Unions vs. Taxpayers
The longstanding alliance between Democratic politicians and government employee unions has come under increasing strain, as I recently noted in a Washington Times op…
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Morning Media Summary
Tech: CES 2011 Predictions: 7 Trends To Watch At The World’s Biggest Tech Show: “Las Vegas is currently gearing up for the Consumer…
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Morning Media Summary
Tech: Court OKs searches of cell phones without warrant: “The California Supreme Court allowed police Monday to search arrestees’ cell phones without a…
Blog
New Jersey Trying to Seize Unused Gift Card Balances
That's one way to fix a busted budget. Here's another: spend less.
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TSA’s High Failure Rate Is the Least of its Problems
If policymakers were rational, they would give twenty times more attention to lightning strike prevention than to terrorism. But they aren't, and they don't.
Blog
Morning Media Summary
Tech: The 10 best Android hacks: “The web’s massed fanboy armies will debate the relative merits of iOS and Android until the apocalypse,…
One News Show
IRS’s tax help could hurt, says critic
One News Show
Manufacturing Unemployment
For most Americans, persistently high unemployment is a new development — but employment in the manufacturing sector has been taking a beating for decades. Painful…
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Union Holds New York Hostage
Public anger over New York City’s botched snow plowing effort this week has turned to the city’s sanitation workers union — for good reason.
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2010 Federal Register is Third-Largest Ever
The final unadjusted page count is 82,589 pages. That's the third highest ever.
Blog
Morning Media Summary
Tech: Apple Sued Over Apps Privacy Issues; Google May Be Next: “Two separate groups of iPhone and iPad users have…
One News Show
Jobs, Joblessness and Obamanomics
While watching one of the news shows I had recorded over the weekend, a particular panelist’s comment stood out for its rare feat of actually…
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Morning Media Summary
Tech: Earth project aims to ‘simulate everything’: “An international group of scientists are aiming to create a simulator that can replicate everything happening…
The New American
Prof. Alfred Kahn, Father of Airline Deregulaton, Passes Away
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New CEI Podcast — December 28, 2010: IRS as Tax Preparer?
Fellow in Regulatory Studies Ryan Young looks at the IRS' proposal to save you time by doing your taxes for you.
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Alcohol Regulation Roundup: December 28
Much a like a family that you don’t get to choose, let’s make a quick holiday visit to the states around the nation and their…
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Alfred E. Kahn, 1917-2010
The man behind airline deregulation passed away yesterday at age 93. Let us learn from his example of a life well lived.
Blog
Morning Media Summary
Tech: Top Chinese blogger shuts down country’s first pvt magazine: “China’s first private magazine, which was launched by famous blogger Han Han in…
The New American
Warner’s actions sometimes belie his words
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Morning Media Summary
Tech: Top 10 Tech Disasters That Haven’t Happened… Yet: “Congratulations: You’ve survived another year, and 2010 was quite an eventful one. For…
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Time for Big Cuts in Education Spending?
America spends far more on education than countries like Germany, Japan, Australia, Ireland, and Italy, both as a percentage of its economy, and in absolute…
The New American
For the TSA, all risks are created equal
John Pistole, the head of the Transportation Security Administration, recently told The Atlantic in an interview that “we’ll never eliminate risk” of terrorist attacks on…
The New American
Debit Card Restrictions Bad News for Consumers
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Morning Media Summary
Tech: Skype Outage hits users worldwide: “Millions of Skype Internet phone users worldwide couldn’t make calls — or were dropped in mid-conversation —…
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FCC Net Neutrality: Some Networks are More Neutral than Others
Today’s decision [by FCC bureaucrats] will help preserve the free and open nature of the Internet [as defined by the government] while encouraging innovation [as…
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The Obama Administration’s Misguided War on For-Profit Colleges
In Forbes, economist Richard Vedder of Ohio University documents the blunders behind the Obama administration’s war on for-profit colleges that wiped out $8 billion…
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Will Net Neutrality Save the Internet?
Reason.TV created an excellent video explaining Net Neutrality and arguing against it. I’ve heard too many people irrationally claim that big corporations are going to…
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Morning Media Summary
Tech: E-Mail Gets an Instant Makeover: “Signs you’re an old fogey: You still watch movies on a VCR, listen to vinyl records and…
Study
Resist Over-Caution on Nanotechnology and other Frontier Sciences
Full Document Available in PDF Nanotechnology is the cutting-edge science and…
Study
Improve Food Safety and Quality though Greater Information, Consumer Choice, and Legal Accountability
Full Document Available in PDF Few…
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Recognize the Deadly Effects of Over-Regulating Medicines and Medical Devices
Full Document Available in PDF Over the past…
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Reject the Precautionary Principle, a Threat to Technological Progress
Full Document Available in PDF Increasingly, governments and environmental activists…
Blog
Obamacare Makes State Budget Problems Worse
Obamacare is making state budget problems much worse, as governors now lament. Earlier, CEI filed an amicus brief in Florida v. HHS on…
Study
Recognize the Elitist Nature of “Anti- Sprawl” Measures
Full Document Available in PDF For the greater part of the last…
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CEI Podcast — December 21, 2010: What’s Next for Immigration Reform?
CEI Policy Analyst Alex Nowrasteh goes over the good and the bad of the DREAM Act, which recently stalled in the Senate, and offers his…
Blog
Morning Media Summary
Tech: FCC to Vote on Internet Regulation Plan Despite Economic Warnings: “Lawmakers are on high alert as the Federal Communications Commission prepares…
Study
Clarify the Role of Intellectual Property in the Economy
Full Document Available in PDF Copyright and patent laws protect…
Study
Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
Study
Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
Study
Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
Blog
Food Safety Modernization Act Passes; Unconstitutional Provision Supposedly Removed
The Food Safety Modernization Act was passed again by Congress on Sunday, apparently without a provision that earlier drew criticism for violating the Constitution by having a…
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