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…
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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…
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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)…
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Labor’s Day at the Federalist Society
Workers may get violent if their wages are cut. The United Auto Workers union (UAW) has a monopoly and was an anchor on the…
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Regulation of the Day 73: Snow Globes as Terrorist Threat
Yes, larger snow globes probably violate the TSA’s three-ounce limit for liquids. But they are not bombs. They are, in fact, snow globes.
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Health-Care “Reform” Bills Increase Costs, Endanger Access for Millions, Federal Experts Say
The healthcare “reform” bill backed by Obama “would reduce senior care,” and “could jeopardize access to care for millions,” report healthcare…
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Andrew Cuomo Sues Intel
Over at the Washington Examiner's Opinion Zone, Wayne Crews and I explain why New York Attorney General Andrew Cuomo's antitrust lawsuit against Intel is a…
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Regulation of the Day 72: Brass Toys, Killer of Children
Toymakers presumably choose brass because it is cheap, durable, and better than alternative materials. Now they will have to turn to those second-best materials despite…
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Obama Administration Hits Brakes on Project Labor Agreement
The Obama administration this week called off bidding on what would have been a union-friendly federal construction project bidding process, in response to a contractor complaint over…
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Regulation of the Day 71: Waistlines
In Japan, it is illegal for men to have a waist larger than 33.5 inches. The limit for women is 35.4 inches. Those in violation…
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Don’t go “lite,” shrink the state, says Smith
CEI’s president Fred Smith is featured today in a video interview with InstaPundit’s Glenn Reynolds – now appearing on Reason’s blog. Fred talks about…
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Insurance Industry Stung By Health Care Deal
The CEO of the National Association of Health Underwriters has an op-ed in today’s Wall Street Journal whining that a weak individual purchase mandate is…
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Unemployment Skyrockets: “U.S. now beating European unemployment rates”
Unemployment is now higher in the U.S. than in Europe, reports the Washington Post. “The official U.S. unemployment rate, reported last Friday, now stands…
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Regulation of the Day 70: Combustible Dust
OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.
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Poor Ford – They Thought They Were Operating in the Market
The Washington Times, “Greedy Autoworkers,” editorializes the overwhelming rejection of the UAW’s proposed labor agreement. Unlike GM and Chrysler, Ford elected to reject the…
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Ludwig von Mises Gets Respect
“The Man Who Predicted the Depression,” in Saturday’s WSJ explains von Mises’s interpretation of the business cycle. To Mises, volatility was inevitable with a…
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Buffet Displays Hope in America’s Energy Future
Warren Buffet, one of the most respected investors in America, recently purchased Burlington Northern, one of the nation’s largest railroads with some 32,000 miles of…
Newsletter
Health Care, Alcohol Regulation and Flu Stats
VIDEO: 20TH Anniversary of the Fall of the Berlin Wall The House of Representatives narrowly passes Democratic-sponsored health care legislation. Bob McDonnell wins election to…
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Virginia May Privatize ABC Stores; It’s about Time
In a time when the federal government’s involvement in the economy appears to only grow, it’s encouraging to see at least one industry where the trend…
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CEI Weekly: Cuomo’s Antitrust Witch Hunt
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's testimony in front of the Senate against the…
Newsletter
Cap and Trade, Sarbanes-Oxley and Anti-Cat Regulations
Senate Democrats win committee approval of a “cap-and-trade” bill to reduce U.S. greenhouse gases over the objection of Republicans. The House Financial Services Committee voted…
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Unfunded Mandates
Today's American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of unfunded mandates.
Newsletter
Intel v. Antitrust, U.S. Chamber Caves on Energy and Accounting for Unfunded Mandates
New York attorney general Andrew Cuomo files an antitrust lawsuit against Intel. The U.S. Chamber of Commerce caves into to special interest pressure on energy…
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NY Attorney General Files Antitrust Suit Against Intel
Intel does not enjoy government protection of its market share, nor does it operate in a vacuum, immune from discipline if if its rebates are…
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Regulation of the Day 69: Owning More than Three Cats
A new local ordinance in Dudley, Massachusetts makes it illegal to more than three cats without a license. Coaseian bargaining might be a better solution…
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Regulation of the Day 68: Ironing Tables
At HPI's request, the International Trade Administration will continue to add anti-dumping duties to the price of its competitors' Chinese-made ironing tables. Sorry, consumers.
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ObamaCare Blueprint Called ‘The Worst Bill Ever’: It Drives Up Taxes, Insurance Premiums, State and Federal Deficits, and Legal Bills
The Wall Street Journal calls the House version of President Obama’s health care plan “the worst bill ever,” noting that it…
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If at First You Don’t Succeed, Change the Rules.
From attempting to manipulate the definition of “supervisor” to changing the way in which workers are organized, the above seems to be a…
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Taxes without Borders
This month's issue of Info Tech & Telecom News contains an article by yours truly on certain states' attempts to collect sales taxes from out-of-state…
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Regulation of the Day 67: Oysters
A new FDA rule requires oysters harvested between April and October to be sterilized before they are eaten. An unintended consequence is that the state…
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Reps. Maloney and Adler push true bipartisan stimulus — Sarbanes-Oxley relief
After months of talk about solutions that would rev up job growth and the economy, today the House Financial Service Committee may finally adopt a…
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Regulation of the Day 66: Trick or Treating
Trick-or-treating is banned in Dunkard Township, PA. The government will hold a four-hour Halloween party to make up for it.
Newsletter
Pay Cuts for Wall Street, Required Window Glazing and the New Public Option
The White House “pay czar” plans to cut paychecks for top bank executives by 50%. Environmental regulators in California move to require all cars sold…
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“Cities are probably the greenest thing that humans do.”
Environmental guru and author of the Whole Earth Catalog Stewart Brand has a new book out in which he argues that "My fellow environmentalists have…
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New CEI Release: One Nation, Ungovernable?
Question: What do you get when you combine a $700 billion “stimulus” package, $1.1 trillion in wealth-destroying regulatory compliance costs, a mountainous non-discretionary entitlement obligation,…
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“Public Option” Is a Gimmick That Won’t Improve Healthcare
In the Washington Post, Robert J. Samuelson explains in the “Public Plan Mirage” how the so-called “public option” contained in congressional health-care reform bills…
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Sure, just what we need: yet another regulatory government agency
Here’s my letter published in the Oct. 25th edition of the Boston Globe responding to an editorial…
Newsletter
Web Giants Battle over Networks, Obama on Climate and New Financial Regulations
Google and AT&T battle over web rules. President Obama won’t talk climate change at UN negotiations in Copenhagen. The House Financial Services Committee votes to…
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More Bad Mortgages on the Way, Thanks to Congressional Committee
Expect to see more bad mortgages as a result of a House committee’s vote Thursday to create the so-called “Consumer Financial Protection Agency.” That…
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Sweden’s CO2 Labeling: Deceptive Advertising?
A quick point to add to Fran Smith's post on Sweden's experiment in labeling food and menus with carbon footprints: don't read too much into…
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CEI Weekly: Scholars Support Case Against Sarbanes Oxley
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features new "amicus briefs" submitted by legal scholars for the Sarbanes…
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Regulation of the Day 65: Weighing Animals
If you sell poultry or livestock, it’s a good idea to weigh them first. Makes it easier for buyer and seller to agree on a…
Newsletter
Telecom Regulation, Maritime Recycling and the Economics Nobel
The Federal Communications Commission moves to regulate telecom networks in the name of “net neutrality.” Italian police investigate illegal disposal of “toxic” shipwrecks. Experts continue…
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Net Neutrality at 28 kilobits per second.
Why didn’t the Federal Communications Commission impose net neutrality a decade ago? We don’t need all this multimedia and advanced services. They finally caught…
Newsletter
Health Care Competition, Financial Regulations in Court and Net Neutrality
The House Judiciary Committee votes to strip antitrust protections from health insurance companies who share risk information. Prominent officials and scholars endorse CEI’s Supreme Court…
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Regulation of the Day 64: Starting a Business in Sacramento, California
The human mind is capable of creating limitless, endless wealth. The human mind is nearly as adept at preventing that wealth from being created. Sacramento…
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A Cure Worse than the Disease
As I explain in a new CEI paper, which is out today, most of the alleged cost-cutting measures in the Baucus bill merely shift costs…
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More Hypocrisy Regarding FTC Blog Regulations
Michael Masnick at Techdirt offers up another incidence of government inconsistency in light of the FTC’s blog-watching rules, reminding us that “…
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Banning Bake Sales
The American Enterprise Institute held a panel discussion yesterday on food safety. They discussed congressional proposals aimed at addressing contaminants in our food,…
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Is Cognitive Dissonance an Insured Condition?
Rep. Diana DeGette is proposing: 1)That health insurers' antitrust exemption be removed. 2) Require, by law, that people buy health insurance. What one hand giveth,…
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Regulation of the Day 63: Sports Agents in New Hampshire
It is illegal to be a sports agent in New Hampshire without a Secretary of State-issued certificate. Don’t forget your biennial renewal!…
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Health Insurer Competition and Democratic Saber Rattling
Last week, after the industry association America’s Health Insurance Plans released a study showing that premiums would rise 18 percent under the Senate Finance Committee’s…
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Bill Gates Says Africa Needs GMOs
On Friday, Bill Gates announced at the World Food Summit in Des Moines that the Bill and Melinda Gates Foundation would be redoubling its efforts…
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