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: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
Blog
HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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The New American
Prof. Alfred Kahn, Father of Airline Deregulaton, Passes Away
Blog
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.
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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…
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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…
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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…
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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…
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Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
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Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
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Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
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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…
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Morning Media Summary
Tech: Chavez defends plan for Internet regulations: “Venezuelan President Hugo Chavez defended plans for a law that would impose broadcast-type regulations on the…
The New American
Future FSA, HRA charges to fund ObamaCare
Before It's News
FCC Threatens to Impose Destructive Rules on Internet
Before It's News
The Fed’s Christmas Gift: Reduced Fees for Fat-Cat Merchants
On a snowy Thursday in the nation’s capital – with little more than a week to go until Christmas – the Board of Governors of…
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Judicial Hellholes Kill Jobs and Redistribute Wealth
The most recent list of judicial hellholes has just been released by the American Tort Reform Association. It lists “courts in Philadelphia; California’s Los Angeles…
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Morning Media Summary
Tech: FCC’s net neutrality plan faces growing chorus of bipartisan opposition: “As the Federal Communications Commission (FCC) prepares to vote next week on…
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Nanny-Statist CSPI Sues to Ban Happy Meals at McDonald’s
An ill-informed left-wing group, the Center for Science in the Public Interest, is suing McDonald’s in California to ban toys from Happy…
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Should Obamacare Be Struck Down In Its Entirety Rather Than Just Having Its Unconstitutional Parts Severed?
In his ruling striking down Obamacare’s individual mandate (requirement that people buy health insurance), Judge Hudson in Richmond declined to strike down the rest…
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Security Theater, D.C. Metro Edition
Everyone wants our transportation systems to be safe. But safety must also be balanced with respecting the privacy of citizens, and not wasting money on…
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Morning Media Summary
Tech: Approval of Internet traffic rules likely-analysis: “Contentious Internet traffic rules facing a vote next week are likely to be adopted without radically…
Before It's News
Fed Interchange Price Controls Leave Consumers Paying Big
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give a…
News Release
Federal Reserve’s Interchange Price Controls: Gift to Retailers, Lump of Coal for Consumers
Washington, D.C., December 16, 2010 – This afternoon in a public meeting, the Federal Reserve will release draft rules to implement Dodd-Frank’s Durbin Amendment, which…
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Interchange Price Controls: Gift to Big Merchants, Lump of Coal for Consumers and Community Financial Institutions
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give…
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An Update on State Alcohol Regulations
Here is another installment in the roundup of news regarding the weird and wacky state of alcohol regulation in the U.S.: California: The “sangria…
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CEI Podcast — December 15, 2010: Alcohol Regulations Across the Country
Michelle Minton, CEI's Director of Insurance Studies, takes a whirlwind tour of alcohol regulations across the country.
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Morning Media Summary
Tech: Air Force Blocks Media Sites: “The U.S. Air Force is blocking its personnel from using work computers to view the websites of…
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Is Obamacare’s Government Healthcare Takeover a “Civil Right”?
Doug Powers takes aim at the silly argument by the Obama administration that opposing Obamacare is analogous to opposing basic civil rights. As he…
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Reactions to Court Ruling Striking Down Part of Obamacare in Virginia v. Sebelius
Yesterday, a federal judge in Richmond struck down Obamacare’s requirement that individuals buy health insurance. Cato Institute’s Ilya Shapiro reacts to the decision…
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Morning Media Summary
Tech: Gawker Media Hacked, Warns Users to Change Passwords: “E-mail addresses and password details for 200,000 registered users of Gawker…
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The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
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Ruling in Virginia’s Challenge to Obamacare Individual Mandate Expected Today
A ruling in Virginia’s constitutional challenge to Obamacare’s individual mandate is expected later today. The Competitive Enterprise Institute joined in an amicus brief filed…
Before It's News
Feds Use New Tool to Target Ex-CEO
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