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: 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,…
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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…
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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
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Net Neutrality: A Dialogue With Ars Technica
CEI’s broadband reply comments from earlier this week received a generous quotation by Ars Technica’s Nate Anderson. Mr. Anderson took issue,…
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CEI Weekly: Attack of the National Broadband Plans
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday.
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Our Colleague Julie Called it “Subprime Healthcare”
I think that about sums it up.
Newsletter
Google Book Search, FCC Comments and the Minimum Wage
The Justice Department investigates Google’s legal settlement over its Book Search service. Federal Communications Commission broadband coordinator Blair Levin accuses recent comments from the public…
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Regulation of the Day 20: Anti-Flatulence Medication
The U.S. Code contains an entire section on over-the-counter anti-flatulence medication. There are rules for permitted active ingredients, maximum dosage, and label text.
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Exploiting the Minimum Wage
Young people with little or no work experience may not be able to offer $7.25 per hour worth of productivity; small wonder so many of…
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Leave it to the Experts
Send your used light bulbs to Washington! They're the experts. They'll know what to do.
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Obama Health-Care Plan Destroys Cheap Health-Care Options, Raises Taxes, Breaks Promises
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by…
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Standing Before the FCC Shouting Stop
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview.
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Aggravated FCC Bureaucrat Knows Better than Us; Calls Petitioners “Sloppy”
Federal Communcations Commission broadband coordinator Blair Levin, charged with coming up with a “U.S. National Broadband Plan,” by February, says the 8,500 pages…
Newsletter
Broadband Plans, Saving Healthcare Dollars and Obama’s Diplomacy
The Federal Communications Commission drafts a “national plan” for broadband policy. The White House announces proposed healthcare cost-saving measures. President Obama continues to insist that…
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Regulation of the Day 19: Fospropofol
The Drug Enforcement Administration, would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled…
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Democrats Inconsistent on Senior Death Discount
White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also…
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If you like FEMA, you’ll love federal health care, says Jindal
Louisiana Governor Bobby Jindal has an op-ed in today’s Wall Street Journal providing a succinct critique of the Democrats’ health care plan and offering…
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Regulation of the Day 18: Shipping Live Animals
If you ship live animals via the USPS’s Express Mail Service and it takes three days or more, you may be eligible for a refund,…
Comment
Comments on the Federal Communications Commission Report ‘A National Broadband Plan for our Future’
The Commission’s record of alleged “regulatory restraint” toward the telecommunications sector over the past 13 years has come under fire by a number of commenters…
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Want Recovery? Remember Antitrust is Anti-Economy
More restraint is in order when it comes to the Obama administrations intent to escalate “antitrust” enforcement against business and enterprise in America.
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Richard Rahn on “Washingtonosis” — The Most Destructive Disease
"Washingtonosis(n): a disease most often found in people working within three miles of the U.S. Capitol building in Washington, ... Those infected tend to lose…
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Policies to Promote Competition often Stifle it Instead
Chairman Genachowski is right that the Internet has been “the most successful driver of economic growth” in recent years. Why, then, pursue an agenda that…
News Release
Clear Government Roadblocks to Broadband Competition
Contrary to many critics, investment in broadband networks by U.S. telecommunications firms is booming, and the biggest roadblocks to even more robust growth are primarily…
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“Libertarian paternalism”?
In Sunstein's latest book Nudge. . . he makes the case that people often make bad decisions, and a slight "nudge" can set things right…
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Regulation of the Day: Sliding Car Doors
A new set of rules for sliding car doors will come into effect on September 1, 2010.
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In Which the Case for Antitrust Action against Telecoms Weakens
New research finds that U.S. telecoms are charging, on average, ten cents less per minute than their counterparts around the world. Tell me again why…
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Union Pension Fund Bailout Taking on a New Form
Senate Democrats and organized labor leaders are reportedly near a deal on removing the card-check provision from the s0-called Employee Free Choice Act (EFCA). That…
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CEI Weekly: Response to EPA Cover Up Increases
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday. Also included in the…
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Regulation of the Day: Endangered Snails
The sixteenth in an occasional series that shines a bit of light on the regulatory state. Today’s Regulation of the Day comes to us from…
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House Dems Would Ban New Private Health Insurance
"Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first…
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Regulation of the Day: The Color of Stitches
The federal government regulates which colors may be used in surgical stitches.
Newsletter
White House Science Czar, Catfish Imports and Gingrich’s “Real” Stimulus
Critics question the controversial beliefs of White House science adviser John Holdren. U.S. catfish producers try to block inexpensive fish imports from Vietnam. Former House…
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Exclusivity is the Mother of Invention
The web is all aflutter in the debate over handset exclusivity. Harold Feld of Public Knowledge describes in a recently posted video how exclusive…
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A Handshake, Not a “Contract with America”
Newt Gingrich’s new “Strategy Memo: Time for a Real Stimulus Bill” is helpful on highlighting tax cuts that could stimulate business’ capacity for job…
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Fishy Politics May Harm US Consumers
The various US attempts to hobble the Vietnamese farmed-catfish industry is no less underhanded. And, in order to prevent a trade war with Vietnam, it…
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Lamar Smith on Cap and Tax
A good, short, succinct summary of why Rep Lamar Smith (R.-KY) voted against Cap-and-Tax. Hat-tip: The Chilling Effect [youtube:http://www.youtube.com/watch?v=SBFwZUiGOWs 285 234]…
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Doing Business in DC
DC Progress notes that Washington, DC has ranked dead last in the annual Small Business Survival Index every year since the mid-1990s. One of the…
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Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
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Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
Newsletter
Sotomayor in the Senate, The New GM and State Farm in Florida
Judge Sonia Sotomayor prepares for her confirmation hearings in the Senate. A slimmed-down General Motors emerges from bankruptcy. Florida’s insurance commissioner claims to have “a…
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“It would be hard to devise a surer formula for economic catastrophe.”
It may not be in a debacle like California’s, but I still find it galling to see my home state of Florida go from being…
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Reason’s Michael Moynihan on the SEIU Chavistas
At Reason Hit & Run, Michael C. Moynihan looks at the Service Employees Internatinoal Union’s harassing of broadcasters who air ads opposing the so-called…
Newsletter
Safe Bottled Water, a Second Stimulus and Keeping Government out of Insurance
Rep. Bart Stupak (D-MI) questions the safety of the U.S. bottled water industry. Officials consider putting together a second stimulus package to follow the $787…
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CEI Weekly: Firsthand At the Tea Party
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday. Also included in the…
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A Second Stimulus?
Any stimulus proposal is, by its very nature, less than a zero-sum proposition. Stimulus involves taking some money out of the economy, wasting some of…
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Regulation of the Day: Asphalt Emissions
EPA is proposing national emission standards for asphalt processing and asphalt roofing manufacturing.
News Release
CEI Questions ProtectingAmerica.org Insurance Study
Analysts at the Competitive Enterprise Institute, a free market think tank, criticized protectingamerica.org’s continued advocacy for a federal insurance backstop.
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Crews in the News: Consumer Choice Doesn’t Come From Regulation
CEI’s own Wayne Crews is quoted in the Boston Globe this morning, explaining why real competition — not government-mandated ‘openness’ — is the best…
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Igniting Agricultural Innovation
"Biotechnology applied to agriculture has enormous potential to enhance our ability to develop seeds for improved crops and for enhanced livestock to enable us to…
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Antitrust Irony
Microsoft is having a tense antitrust discussion with the EU. Meanwhile, Google is readying an operating system to directly compete with Windows. Compare and contrast.
Boston.com
Pick Your Handset or a Network, Not Both
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Antitrust Policy and Telecoms
It’s hard to make a case that a company is abusing market power if it doesn’t really have any. And Verizon and AT&T are not…
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Stepping Up the Class War
On both of the most salient issues of the day, health care reform and climate change, proponents of the corresponding legislation are setting their sights…
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