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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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…
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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…
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The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is in…
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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…
Blog
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?…
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An Annoying Regulation for Every Room in the House
The Obama administration isn’t satisfied giving the American people several big things we don’t want — the stimulus package, expanded bailouts, Obamacare — but it…
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CEI Weekly: Congress Should Liberate to Stimulate
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features John Berlau's debate with Heather Boushey from the Center for…
Op-Eds
No Regulation Without Representation
Having excoriated the Bush administration and Republicans in Congress — on this site and elsewhere — for falling short of principles on TARP…
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CEI Podcast – September 23, 2010: The Frankenfish Myth
CEI Senior Fellow Greg Conko, author of The Frankenfood Myth, talks about the promise and imagined peril of genetically modified salmon.
Blog
GOP “Pledge to America” Includes Constructive Reg Reform
The House Republican “Pledge to America” unveiled today has been criticized by RedState’s Erick Erickson and other center-right pundits for a lack of specifics.
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Obama Financial Czar Appointment Is Unconstitutional, Liberal Law Professor Says
Obama has appointed controversial Harvard Law Professor Elizabeth Warren to informally run the powerful, newly-created Bureau of Consumer Financial Protection that will regulate the…
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Many Free Checking Accounts Disappearing Due to Dodd-Frank Financial “Reform” Law
The so-called financial “reform” bill that passed Congress — the Dodd-Frank Act — is wiping out many free checking accounts, since…
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Unfair ‘Paycheck Fairness Act’ Shafts Workers With Hazardous Jobs
We wrote earlier about the Paycheck Fairness Act, a bill of Orwellian deception that would result in employees unfairly receiving equal pay…
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Study: Regulations Cost $1.75 Trillion in 2008
State and local regulations, of course, cost extra.
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America: Land of the Free?
Prior to arriving in America I imagined this country as being the land of the free. But somehow, it turned out this was a wrongly…
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Insurers Drop Children’s Health Insurance Due to Obamacare
Insurers have stopped writing children-only health insurance policies due to mandates in Obamacare that ignored basic principles of economics. So if…
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Distracted Driving Kills, But What About Dysfunctional Policy?
The Obama administration, having succeeded in bringing about economic recovery and having nation-built a democratic Afghanistan, has set its sights on another pressing…
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General Motors Now Admits It Didn’t Repay Bailout Money
Contrary to its claims in TV ads earlier this year, General Motors has now admitted that it did not repay…
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Insurance Regulators Approve Increases Based on Obamacare
In Connecticut, insurance rate regulators have approved hikes in insurance premiums of up to 20 percent, agreeing with insurers that…
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Senators Challenge Administration’s Big Labor Giveaway
Despite all they have gotten from the Obama administration, many union leaders have vented their frustration over Democratic lawmakers’ failure to enact the unions’ top…
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CEI Weekly: Regulations Discourage Small Businesses from Hiring
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' article this week where he lists the effects…
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Regulation of the Day 150: Toy Guns
Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami…
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Obama’s Broken Pledge to Cut Wasteful Spending
When Obama was elected, he claimed he would “go through our federal budget– page by page, line by line–eliminating those programs we don’t need.”…
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New CEI Podcast: Creating High-Tech Jobs
Ryan Radia, CEI's Associate Director of Technology Studies, talks about obstacles and opportunities for job creation in the high-tech sector.
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CEI Weekly: CEI Stars in “The Green Swindle”
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI Expert RJ Smith on Fox News to speak on…
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San Francisco’s Mayor Opposed to Alcohol Tax
It isn’t often that we get to praise politicians, but cheers to San Francisco Mayor Gavin Newsom who vowed to veto plans for an…
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Clearing the Way for High-Tech Jobs
Over at RealClearMarkets.c0m, my colleague Ryan Radia offer some ideas for how to create more high-tech jobs. Our main points:…
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Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
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Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
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America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
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VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
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Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
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Regulation of the Day Update: Ladies’ Night Bar Specials
Attorney Roy Den Hollander think ladies' nights are unconstitutional. So he sued several bars.
Newsletter
Bailouts, Wind Energy, and Credit Card Regulation
Hans Bader argues that the new bailout makes responsible citizens "Suckers." Myron Ebell thinks it is doubtful that wind farms will survive Hurricane Earl. John…
Blog
You Were a Sucker If You Were Responsible, Thrifty, and Saved Money for a Down Payment
The Obama administration will launch today a new $14 billion program to bail out some people who are underwater on their mortgages. During the…
Op-Eds
Credit Card Regulation: Big Government vs. Small Business
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Unemployment Jumps to 9.6%, 54,000 More Jobs Lost
Unemployment went back up to 9.6%, as the nation shed 54,000 jobs in August. Yet Obama calls this “Recovery Summer.” This is…
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Record Federal Spending Increase Due to Wasteful Spending Like the Failed Stimulus Package
Federal domestic spending increased by a record 16 percent this year, thanks to wasteful spending by the Obama administration, such as its “huge economic…
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Antibiotics and Meat DO Mix
Whether you’re talking about human or animal use, banning beneficial uses today can have negative impacts on human and animal health just as surely as…
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Video Exposes Labor Union Protesters – No “Living Wage,” No Health Insurance, No Union Membership
Video: Unions hire non-union protesters? Should labor unions pay their protesters the wages and benefits that the unions demand of other employers? CEI labor…
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