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 Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…
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Citation
The Free Checking Restoration Act of 2010
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“Rent Is Too Damn High” Candidate’s Rent is Actually Quite Low
Oh look, a politician building a campaign on the premise that he understands his constituents’ plight is actually…very far removed from the issues that are…
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Obamacare Will Spawn Crowded Waiting Rooms and Pointless Busywork for Doctors
Health care costs will go up under Obamacare for many reasons, such as the wasteful red tape it imposes on health savings accounts (HSAs). Max…
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Exploiting the Poor: The Minimum Wage
Many people believe that the minimum wage is a major source of America’s prosperity. Actually as of 2009 only 4.9 percent of (employed) workers…
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Rent Is Too Damn High
Not much to add to this brilliant insight: The rent is too damn high! Jimmy McMillan doesn’t get into details about what he intends…
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Say Goodbye to Free Checking
“Say goodbye to traditional free checking, as banks feel squeeze from new regulations,” reads the AP headline. “Free checking, a mainstay of American banking…
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Morning Media Summar
Tech: Privacy vs. Profits: “The threat to privacy posed by digital technology is about to take a turn for the worse. At least,…
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Your Shriveling 401(K): Thank Financial Red Tape and the Foreclosure Furor
If your 401(K) has shrunken recently, it may be due to falling bank stocks, like Bank of America stock, which has fallen from over $19…
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Building Height Restrictions: Where I Agree with Matthew Yglesias
Matthew Yglesias of the Center for American Progress links to a Washington Post article that notes that office rents in downtown D.C. are now…
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Meager Part-Time Work Masks Unemployment
Unemployment is often masked by part-time work, since people who would prefer to work full-time are not treated as unemployed by government statistics if they…
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Morning Media Summary
Tech: The World is Full of Interesting Things: “That’s the name of a brilliant slideshow created by Google’s Creative Labs. You’ll find a…
News Release
Experts Urge Michigan’s Next Governor to Reform Insurance Regulations
Contact: Lee Doren, 202-331-2259 Washington, D.C., October 19, 2010 – Michigan’s next governor has his work cut out for him. It is no secret that…
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Killed by Pension Accounting
Think accounting rules are a boring topic? You wouldn’t if the fate of your business rested on it. Indeed, a rule change may be coming…
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Morning Media Summary
Tech: Facebook in Privacy Breach: “Many of the most popular applications, or “apps,” on the social-networking site Facebook Inc. have been transmitting…
Op-Eds
Delaying Foreclosures Only Adds to Pain
Federal housing promotion policies over-stimulated the supply and demand for housing and that destabilization continues. Efforts to make home ownership a “human right” are partly…
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Restricting What People Eat, Based on the Ignorance of Food Snobs
There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity. This is especially true…
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Obamacare Results in 47 Percent Premium Hike
Obamacare has just led to a 47 percent increase in some health insurance premium rates in Connecticut: The state’s largest insurer has been approved to…
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Regulation of the Day 153: Pentagon Cybersecurity
The military’s cybersecurity experts are governed by 193 documents. They are all conveniently listed in a chart. It is two feet long.
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Judge Rejects Obama Administration’s Motion to Dismiss Challenge to Obamacare
A judge in Florida has rejected the Obama administration’s motion to dismiss challenges to Obamacare brought by 20 state attorneys general and the…
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Morning Media Summary
Tech: Putting the squeeze on the broadband copper robbers: “When we think of tech crime, we tend to imagine hackers cooking up exploits…
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Government Workers Oppose Cuts in Government Jobs…Really
It turns out that government workers have a vested interest in opposing cuts in government jobs. Who knew, right? The Washington Examiner today ran…
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CEI Podcast — October 14, 2010: Antitrust Follies and Regulatory Reform
CEI Vice President for Policy Wayne Crews talks about why antitrust actually hurts competition, and offers some ideas for regulatory reform.
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Stop Coddling Mortgage Deadbeats
Right now, there’s a big manufactured outrage over the fact that at a few banks, paperwork errors occurred in foreclosures. The Wall Street Journal…
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Ben Lieberman on Government Regulations
Watch the video on YouTube…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
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McDonald’s 6-Month-Old Burger is a Triumph, Not a Terror
To prove a friend wrong, New York artist Sally Davies left a happy meal out on her counter for six months. Yesterday, several media…
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Regulation of the Day 152: Locking Your Car Door
The government of Bucks County, Pennsylvania plans to issue $25 fines to people who forget to lock their cars.
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Wayne Crews in The Washington Times
Wayne Crews has an op-ed in today’s Washington Times titled, “The Tyranny of the Unelected.” He writes, The year’s Federal Register – the daily depository…
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Fox Business: Government Is Burning Our Money
Americans are peeved about the economy. Or, 85 percent of us are, according to an ABC News article. So, we need government to…
Op-Eds
Tyranny of the Unelected
Congress passed and the president signed 125 bills into law in 2009. Your tireless federal regulatory agencies were even busier: They issued 3,503 rules and…
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CEI Weekly: United Auto Workers Shut Down GM Plant
CEI Weekly is a compilation of articles and blogs from CEI staff. This week features Vincent Vernuccio's October 1st interview on Fox Business' Varney &…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
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Bootleggers and Baptists Everywhere
Bruce Yandle’s insight of how erstwhile alliances of “Bootleggers and Baptists” help drive state intervention into economic matters is extremely useful when looking at…
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Private Employers Cut 39,000 Jobs in September
The private sector shed 39,000 jobs in September. Liberal journalists claim this was “unexpected.” This reveals their shaky grasp of economics. If you…
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Morning Media Summary
The following is a roundup of the morning's media. We hope you will make a daily stop at Open Market to read the latest updates.
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If You Like Your Health Plan, You May Lose It Anyway
Another major employer, 3M, has decided to “eventually stop offering its health insurance plan to retirees, citing the federal health overhaul as a factor.”…
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Supreme Court Is Neither Pro-Business Nor Conservative
The Supreme Court is not a particularly conservative court. It rules against businesses more than the lower federal courts do, and its rulings have overturned…
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Fred Smith Featured in Politico’s “Answer This”
Fred Smith was profiled today in Politico‘s “Answer This” column by Patrick Gavin. Here are a few highlights: What’s a common and accepted practice for…
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Virginia ABC Store Privatization: Improving Plan, Dimming Political Support
When Virginia’s governor Bob McDonnell’s unveiled his plans for privatizing the state-run liquor sales system nobody was terribly thrilled. The plan’s basic outline (as I…
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Obamacare May Force McDonald’s to Drop Health Coverage for Employees
Michelle Malkin points out that “McDonald’s has notified the feds that it may be forced to drop health insurance for some 30,000 workers due…
Citation
SEC “Proxy Access” Rule Could Empower Unions, Political Activists and Undermine Investors
Op-Eds
Washington Ideas Forum
Study
Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not ‘‘Pro-Business’’
Full Document Available in PDF Chief Justice John Roberts has often been depicted as an advocate of narrow rulings and a judicial philosophy…
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The Failed Stimulus Package Reveals What Economy Really Needs
A failure can make for a valuable learning experience, and the stimulus package is no exception. Clearly the stimulus has not worked, and from…
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22,000 Lose Their Health Insurance Due to Obamacare
Approximately 22,000 senior citizens just lost their health plan with Harvard Pilgrim Health Care, which dropped its Medicare Advantage Program due to “cuts in…
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New EPA Rules Will Cost More than 800,000 Jobs
New EPA rules will cost more than 800,000 jobs, probably far more, according to a newly released congressional report. That includes the EPA’s…
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Using Government to Weed Out Competitors
In states throughout the country, beverage distributors are stepping into the political ring and in every case the opponent is the same: competition. Since prohibition,…
Op-Eds
Response to How Would GOP’s ‘Pledge’ Affect Economy? – Pledge Takes On Overregulation
Though much of the commentary on the GOP’s “Pledge to America” has forcused on the areas of taxes and spending, the provision that may contain…
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An Unpaid Internship at the White House
@whitehouse on Twitter alerted me this morning that applications for internships at the White House are due by October 3. I couldn’t help but look…
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Regulation of the Day 151: Water Heaters
The EPA recommends setting your water heater to 20 degrees Fahrenheit. But OSHA recommends setting it to 140 degrees Fahrenheit. Why the difference?…
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