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
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Search Posts
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The Hidden Costs of Health Care Reform: “Obamacare Is A Budgetary Disaster”
The health care bills backed by President Obama will cost $2.3 trillion, not the $900 billion Obama claims, and will be a “…
Blog
The cut-and-paste Splinternet
The way Ben Kunz in a new Business Week artcle puts it, “Each device contains its own widening universe of services and applications, many…
Citation
Credit Card Bill of Rights
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Obama’s Policies Will Increase National Debt by $9.7 trillion, Says Congressional Budget Office
“President Obama’s policies would add more than $9.7 trillion to the national debt over the next decade, congressional budget analysts said Friday. . .The 10-year…
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CEI Weekly: DOE Seeks Lobbyists to Sell Green Jobs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's FOIA findings from the Dept. of Energy, protests…
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Can a “runaway Toyota” be stopped with the brakes?
There have been many driver claims that they tried using the brakes but it couldn’t override the engine at the full throttle into which alleged…
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Regulation of the Day 123: Donating Blood
If you’re gay, you can’t donate blood. It’s illegal. Rather than screening donors for sexual preference, they should be screened for blood-borne diseases. Straight people…
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Federal Register Reaches 10,000 Pages
It only took 4 working days to top 1,000 pages. Now, after 42 working days, the grand total is 10,158. That’s an average of 242…
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Regulation of the Day 122: Home-Schooling in Germany
It is illegal to home-school your children in Germany. One family faced "[F]ines eventually totaling over $11,000, threats that they would lose custody of their…
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Regulation of the Day 121: Cussing
It’s officially “Cuss Free Week” in California. Last Thursday, the state legislature passed a resolution to make the first week of March swearing-free.
CEI Planet
CEI Planet: January – February 2010
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles from the January-February 2010 issue: …
Blog
Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
Blog
Ralph Nader’s shocking solution to the Toyota “problem”
The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today? Choose one response: 1. More…
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Torches, Pitchforks, and Congress
“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America. That in every other…
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Biden announces retirement (savings program)
Vice President Joe Biden announces retirement (savings program). If only we were so lucky. (In reality, it doesn’t matter. As he recently said,…
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CEI Weekly: Marlo Lewis’ Music Video Against Climate Change
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Marlo Lewis' music video, "How I was not Al Gored…
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Disturbing parallels between the Toyota hysteria and the Audi 5000 debacle
Toyota stands accused of 34 sudden acceleration incidents over the last 10 years that are “linked to” or “associated” with fatalities, a figure that in…
Letters
Letter to Barney Frank
Full Document Available in PDF The Competitive Enterprise Institute is a not-for-profit non-partisan educational and research institute dedicated…
Blog
E-Verify is a Spectacular Failure and Should be Abandoned
The Wall Street Journal today reported that the E-Verify system, a Federal database designed to identify undocumented workers and prevent their employment, fails to…
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Regulation of the Day 119: Bake Sales
School bake sales are basically banned in New York City. Mayor Bloomberg and the city’s Department of Education worry that they contribute to child obesity.
Blog
In-Flight Wi-Fi: Security Threat?
An article in this month's Infotech & Telecom News on a TSA proposal to ban in-flight wi-fi quotes me at length. Here's what I had…
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Banks trying to recoup from bad loans and inadequate reserves urged to lend
There’s a juxtaposition in a Washington Post article today that deserves a “Wha?” The article focuses on the huge drop in bank lending in…
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Regulation of the Day 118: Unlicensed Dogs
In Los Angeles, it is illegal to own a dog without a license. Packs of wild, unlicensed dogs roam the streets at night. People are…
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The government’s conflict of interest in the Toyota witch hunt
You don’t need to look for ulterior motives in the government attacks on Toyota, which include not just the current congressional hearings but such things…
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Bhagwati on climate change — please, no
In today’s Financial Times, noted trade economist Jagdish Bhagwati strays again into the climate change debate – and he doesn’t apply his usually sharp…
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Regulation of the Day 117: Hot Dogs
The AAP says hot dogs are a choking hazard for children. According to the data, Little Timmy is literally more likely to be struck by…
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Credit CARD Act penalizes thrift and entrepreneurship; interchange fee controls would compound harm to consumers
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as…
Blog
Myths about Labor Myths
Sunday’s Washington Post features a supposed myth-debunking piece about organized labor that is so misleading that it’s hard to know where to begin driving…
Op-Eds
Credit Card Act Hits Cardholders, Entrepreneurs
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect and is being hailed as a boon for consumers.
Blog
Regulation of the Day 116: Doodling on Desks
Alexa Gonzalez, 12, was arrested and put in handcuffs for writing "I love my friends Abby and Faith. Lex was here 2/1/10 :)" on her…
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We’re not #1 and it’s okay
Internet access is not a right. It is a privilege; one that we pay for. FCC Chairman Julius Genachowski, while not explicitly demanding high-speed Internet…
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Regulation of the Day 115: Pancake Races
The secret to winning is to cross the finish line before your opponents do. That usually means running. The problem is that sometimes, running violates…
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CEI at CPAC this week!
CEI is co-sponsoring the annual Conservative Political Action Conference in Washington, DC, which is expecting to draw a crowd of some 9,000 -10,000 people…
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Not-so-Happy Stimulus Anniversary
The Obama administration and its allies are trying their hardest to put a happy face on the first anniversary of the the gargantuan $787-billion stimulus…
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Obama Defends Misguided Spending Stimulus on One-Year Anniversary
Today on the anniversary of Porkulus, President Barack Obama and his staff are defending the massive spending stimulus and sweeping financial, health care, energy…
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Bailout for the First Amendment vs. Preservation of Competing Biases
Clearly many groups contend there’s a “crisis” in journalism, even to the extent of advocating government support of news organizations, despite the dangers inherent…
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Increase small biz lending not gov spending
President Obama seems to genuinely want to help people and improve the economy. However, he also seems to genuinely believe that the best and most…
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Space, the final private frontier
Here’s a case for private space exploration in the Wall Street Journal. Indeed, if we can ever get rid of NASA and the FAA,…
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Privatization in VA: Not as easy as ABC
As I wrote back in November at the Objective Standard’s blog (my colleague Ivan Osorio also wrote about the topic here), Virginia’s new…
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Act Now! Support a Bold National Elevator Plan
Last week I received Public Knowledge’s press release and letter urging support of a “Bold National Broadband Plan.” I admire PK a great deal on…
Op-Eds
Bush Billboard in Minnesota Asks “Miss Me Yet?”
A billboard appeared in Wyoming, Minn. this week (the person/org responsible is still unknown) with the visage of former President George W. Bush…
Blog
Regulation of the Day 114: Unlicensed Fruit Candy
Department of Health inspectors seized, slashed open and poured bleach over thousands of dollars of local peaches, pears, raspberry and plum purees owned by pastry…
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Government should spend nanodollars on nanotechnology.
At least that’s how my former colleague Tom Miller, now at the American Enterprise Institute, used to put it. Still another government/business funded report,…
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Will Obama Recess-Appoint Becker?
With the nomination of former SEIU associate general counsel Craig Becker to the National Labor Relations Board (NLRB) most likely dead in the Senate, the…
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Regulation of the Day 113: Throwing Snowballs
Two students at James Madison University in Virginia were charged with felonies for throwing snowballs at a snowplow and an unmarked police car.
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Federal Government Shuts Down Due to Snow
There is great wisdom in Mark Twain’s famous adage: “No man's life, liberty, or property are safe while the congress is in session.”…
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Regulation of the Day 112: Importing Pork Rinds
The federal government is loosening its restrictions on importing pork rinds from Brazil.
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Regulation of the Day 111: Buying Wine in New York
It is illegal for grocery stores to sell wine in the state of New York. Only liquor stores are allowed to sell the stuff.
Blog
“Health Care Freedom” Bills Pass Virginia Senate
The Virginia State Senate passed “health care freedom” bills giving citizens the right not to be forced to buy health insurance. This sets…
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