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
Blog
Free the Economy podcast: Tax and budget showdown 2025 with Erica York
In this week’s episode we cover new climate disclosure rules for public companies, the case against price controls on credit card networks,…
Blog
This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s dictatorship…
Blog
Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
Search Posts
Blog
The Truth About Town Hall Meetings
Yesterday, the Obama administration distanced itself from some of the more outrageous comments made by congressional Democrats, including one made by House Speaker Nancy Pelosi…
Newsletter
Microhoo under the Microscope, Mob Mentality and Horse Killings in Florida
Microsoft and Yahoo brace for scrutiny from antitrust officials. Democrats claim that opponents of health care legislation are part of an “angry mob”. Florida authorities…
Blog
They Can’t Even Keep Drugs Out of Prison?
Armed guards. All the bad guys behind bars. Under constant supervision. And Mexico still can’t keep drugs and drug dealing out of its prisons.
CEI Planet
TARP Transparency: A Good Start, but Not Enough
Herbert Allison is President Obama’s newly-confirmed head of the Treasury Department’s Office of Financial Stability. On Thursday, June 25, he promised to “emphasize transparency so…
Blog
All Community Organizing Is Astroturfing – And That’s Fine!
The fact that members of Congress extolling the president’s plan are attacking astroturfers while leaving their arguments alone says to me that the Congressmen believe…
Blog
“Millions of jobs are at stake on both sides of the border”
So says British Columbia Premier Gordon Campbell. At a meeting of Canada’s provincial premiers held in Regina, Saskatchewan, last week, slapping retaliatory tariffs on…
Newsletter
EU Antitrust Rebuke, Record Deficit Numbers and the Costs of Global Warming Policy
European competition regulators get chastised for hiding evidence in a case against Intel. The Congressional Budget Office reports that the federal…
Blog
Regulation of the Day 29: Protecting Us from Cheap Foreign Goods
Sometimes (but not always), when a foreign producer sells goods to U.S. consumers cheaply, the U.S. government takes action to put a stop to it.
News Release
CEI Proposes Legalizing Horse Meat Sale
A Senior Fellow at the Competitive Enterprise Institute, a think tank with offices in Washington, D.C. and Tallahassee, proposes a simple solution to the spate…
Blog
Inconvenient Evidence Suppressed in EU-Intel Antitrust Case
The EU’s top antitrust regulator intentionally suppressed “potentially exculpatory" evidence in its case against Intel. This is the rule of men, not law.
Blog
We’re All Children Now
I propose the following rule: “Think of the children” rhetoric shall be reserved for those situations in which the author is not, in…
Products
CEI Planet: May – June 2009
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles…
Newsletter
Unseen Stimulus, E-waste Abroad and Pelosi’s Private Jet
CNN.com profiles Americans receiving benefits from the economic stimulus package. International agencies weigh in on the issue of “e-waste” – trash generated…
Blog
Regulation of the Day 28: Urine Trouble Now
Want to work for HHS? You’ll have to comply with approximately 32,463 words worth of regulations in the Mandatory Guidelines for Federal Workplace Drug Testing…
Blog
Microsoft, Yahoo, and Antitrust
If regulations are to be effective, they must be either clear or silent; antitrust statutes are neither. That alone is reason enough to urge trustbusters…
Blog
Regulation of the Day 27: Beekeeping in South Dakota
Beekeeping in South Dakota is illegal without a license.
Blog
A Poster too Important to Leave to the Market
The Service Employees International Union (SEIU) is giving away copies of a poster (pictured right) of Barack Obama, which it describes as “an original…
Blog
Regulation of the Day 26: Fortune Telling in Maryland
You need a license to tell fortunes in Annapolis, Maryland.
Blog
Union Bosses Say the Darndest Things
As described in an OpenMarket post by CEI’s Ivan Osorio a couple weeks ago, the Teamsters union and UPS are currently lobbying Congress to…
Blog
Chuck Schumer: “We’ve Got to Stand Still”
High-frequency stock trading — the markets where sophisticated algorithms running on bleeding edge hardware trade assets using information only fractions of a second old —…
Blog
Regulation of the Day 25: Cattle with Scabies
If you own cattle and they are at risk of catching scabies, you may want to read up on the pertinent federal regulations. There are…
Blog
End the Letter Delivery Monopoly: Sell The USPS
“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion…
Blog
FDA to Smokers: Drop Dead
The FDA is now moving towards banning a smoking alternative that could save many lives. Every year, millions of smokers like my wife try…
Blog
The Antitrust Anachronism
Wall Street Journal columnist Gordon Crovitz has a great column in today's paper on the anachronism that is antitrust law. He writes: "Markets were so…
Blog
Newsflash to FCC: The iPhone is a Closed Platform, and Consumers Love It
Just when you thought the FCC’s investigation of the wireless industry couldn’t get any stranger, TechCrunch reports that the Commission has sent letters…
Blog
The Antitrust Religion still Has Many Adherents
Why bother with the ongoing challenge of competing in the marketplace if one can merely go to Brussels or Washington?…
Blog
Regulation of the Day 24: The Width of Ladders
It is illegal for a portable metal ladder to have steps narrower than 12 inches.
Blog
Bonus pay bill: CBO predicts huge costs to private sector, broad swaths of employees affected
After the nonpartisan Congressional Budget Office (CBO) calculated the enormous costs of an all-encompassing health care scheme with a bloated public option, members of Congress…
Blog
More on the Microhoo Deal
The long-awaited collaboration of Microsoft and Yahoo on search has the tech business community abuzz. CEI analysts Wayne Crews and Ryan Young made their original…
Blog
(Un)Free Press Sticks it to the Essentials
The latest missive from the folks at Free Press has crossed the line: When challenged, the wireless carriers actually compare their industry to another: soda.
Blog
A Bailout for the First Amendment?
Dan Rather actually made the following two contradictory statements in the same speech: I personally encourage the president to establish a White House…
Blog
Prof. Gates’ property rights likely violated in arrest — but Obama was wrong to weigh in
Amid all the endless media psychobabble about “national conversations” and “teachable moments” – and we will no doubt here more of this in the reporting of…
Blog
Food Safety Bills Moving Through Congress
With all out attention diverted to the government's attempted takeover of the half of US health care that isn't already nationalized, the attempted destruction of…
Blog
The Challenge of Network Industries
“Network” industries such as electricity, air transport, telecommunication, freight rail, and internet services face a challenge with their competing flow and grid components. Flows are…
Blog
In Defense of Average Cost Pricing
Many industries in the modern economy are ridiculed for the financing strategies they employ. Only marginal cost pricing is defended as a legitimate practice. Yet…
Blog
Where’s the Reality in Legislation?
In “Why Obamacare Is Sinking,” Charles Krauthammer argues that President Obama’s reliance on rhetoric is finally beginning to fail because “you can’t fake it…
Blog
VIDEO: Healthcare Reform Ideas from the Other Washington
John Barnes at the Washington Policy Center (motto: “Improving Lives Through Market Solutions”) passes on a 3-video series about the fight over healthcare “reform” we’re…
Blog
Russia introduces strict new antitrust law
Russian President Dmitriy Medvedev has signed into law amendments that will bring increased penalties for price collusion and unfair competition. The new amendments will allow…
Blog
Policy Translated: Special Access Reform
[youtube:http://www.youtube.com/watch?v=JQO84UjQ2Fg 285 234]…
Blog
Regulation of the Day 23: Texting While Driving
Texting while driving is both dumb and dangerous. But making it a crime won’t make people stop doing it. It will merely make more people…
Blog
Food Police Attack Denny’s Over Salt
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. Last week, CSPI filed…
Blog
Best Way to Curb Irrational Exurberance?
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article…
Blog
Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
Blog
The Folly of 100%
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking…
Blog
Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
Blog
Dems’ Health Care Bill Looking Weaker by the Day
For the Democrats still supporting the health care overhaul, the blows just keep coming. As if the financial problems I described in a previous…
Blog
Health Insurance Reform: look at what does and doesn’t work already
“One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and…
Blog
How to End the War over Antitrust
If the executive branch is not going to consistently enforce antitrust laws -- and they shouldn't -- they should be repealed.
Blog
Regulation of the Day 21: Potato Research and Promotion
The Agricultural Marketing Service has a potato research and marketing plan, pursuant to the Potato Research and Marketing Act.
Blog
Getting the Health Care You Pay For
There was a good front page article in yesterday's Washington Post on the history of advances in medical science and technology. The conclusion: Although the…
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