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: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
Search Posts
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Robert Reich Gets It
Some of the consequences of increasing government’s role in health care are easy predict.
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New Version of Obama Health-Care Plan Relies on Imaginary Savings, Costs More Than $2 Trillion, and Will Explode Federal and State Budget Deficits
Health-care “reform” always costs more than predicted, as ObamaCare provisions have at the state level. So the claim that the new, cheaper version…
Newsletter
Big Screen Ban, U.S. Chamber Politics and Silencing Science
California poised to ban the sale of big-screen televisions. The U.S. Chamber of Commerce launches a new initiative to defend free enterprise and create jobs.
Blog
Regulation of the Day 61: Big Screen TVs – Mankind’s Doom!
On November 4, California regulators may vote to ban big-screen televisions. The large sets use more energy than they would prefer.
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Eliot Spitzer Wants your Pension
Today, Slate features a rant by disgraced former New York Governor Eliot Spitzer that includes distortions and falsehoods so blatant that they wouldn’t merit…
Blog
How Much Harm Do Teacher Unions Do?
Plenty, according to the new film, The Cartel. The film purports to show “educational system like we’ve never seen it before. Behind every dropout…
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More on Public Sector Unions
Slate blogger Mickey Kaus explains how public sector unions are driving state and local governments to the brink of bankruptcy (via Nick Gillespie at…
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Regulation of the Day 60: Hybrid Car Noise
One advantage of hybrid cars is that they are quiet. Too quiet, some would say. Blind pedestrians may not hear a hybrid coming around the…
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Silencing Criticism through Libel Law
The physicist turned science journalist Simon Singh has been sued in a UK court and, this past summer, found liable for libel for an April…
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Fighting Eminent Domain Abuse
Popular outrage over eminent domain abuse may have waned a bit since the Supreme Court’s poorly-reasoned Kelo ruling in 2005, but economic development takings remain…
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Senate Finance Passes Health Reform Bill
Earlier today, Senator Olympia Snowe (R-Me.) announced that she would vote in favor of the health care reform bill authored by Senate Finance Committee Chairman…
Blog
The Wages of Government Unions
The Economist‘s current Lexington column highlights the growing public resentment at the widening disparity between compensation and job security in the private and public…
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Regulation of the Day 59: Pharmacy Interns in Colorado
It is illegal to intern for a pharmacist in Colorado without a license.
Newsletter
Climate Negotiations, Senate Health Care and the Nobel Prize
Climate negotiators attempt to reach an agreement ahead of UN-sponsored talks in December. The Senate Finance Committee prepares to vote on health…
Blog
Markets vs. Special Interests
"It is precisely the fact that the market does not respect vested interests that makes the people concerned ask for government interference."…
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CEI Weekly: EPA Should Reopen Proceedings After Data Deletion Story
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's petition to the EPA to reopen proceedings because of…
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Regulation of the Day 58: Banning Children from Playgrounds
A new regulation in Kensington, Maryland bans children over five years old from using a local playground between 9:00 am and 4:00 pm.
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Precisely Backwards
Few things are more taxing than our elected officials’ economic illiteracy. How sad that visiting a wonderful country like ours may soon be one of…
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Regulation of the Day 57: Minimum Price Agreements
A new Maryland law makes it illegal for manufacturers to set a minimum retail price for their products in sales contracts. The law is meant…
Newsletter
Retail Prices, Utility Politics and Swine Flu
The Maryland legislature bans manufacturers from setting minimum retail prices for their products. Florida Gov. Charlie Crist plays hardball with the state’s public utilities. Doctors…
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Now Crist Goes after Utilities
Not content with exposing Florida to financial catastrophe by taking on responsibility for insuring coastal properties, Florida Governor Charlie Crist (R) continues his assault…
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Corporate Human Rights?
Over at the Detroit News, Hans Bader and I explain why corporations have human rights despite not being human. The reason why? Transaction costs.
Newsletter
Climate Science Destroyed, Online Drug Advertising and Opposing Net Neutrality
A government-funded research center destroys the original data behind its predictions of global warming. The Food and Drug Administrations seeks input about online advertising of…
Blog
Regulation of the Day 56: Kahlua in Ohio
Kahlua contains 20% alcohol in 49 states. But in Ohio, it is 21.5%. Weird, huh? Turns out regulations are the reason.
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Net Neutrality and Rent-Seeking
Net neutrality proposals give companies the incentive to seek rents at each other’s expense when they could be benefitting from each other’s innovations instead.
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Unemployment Rises to 26-Year High of 9.8%; Obama’s Policies Worsen Unemployment and Credit Crunch
Unemployment has risen to 9.8 percent, a 26-year high. That’s much higher than the Obama administration predicted unemployment would rise, if Congress had refused…
Newsletter
A Swine Flu Vaccine, Rising Unemployment and Limits on Executive Pay
The federal government launches a swine flu vaccine campaign. Alan Greenspan predicts increased economic growth, but also rising unemployment. The White House moves to limit…
Blog
Video Response to Will Ferrell MoveOn.org: People Are Saying Mean Things About Big Government!
Remember that Will Ferrell, celebrity-packed video on Obamacare last month? The one from MoveOn.org? One of those “we’re from Hollywood, and we’re here to…
Blog
CEI Weekly: CEI Battles Climate Change Policies
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's response to disastrous climate change policies being pushed in…
Newsletter
Questionable Stimulus, EPA on CO2 and Underfunded Union Pensions
Experts question the economic wisdom of government stimulus spending. Critics of the Environmental Protection Agency’s plan to regulate carbon dioxide emissions point out the cost…
News Release
Unemployment Report, Real Solutions
Today's unemployment report showed the U.S. jobless rate reaching 9.8 percent, the highest since 1983. And although unemployment is referred to as a "lagging indicator"…
Newsletter
Credit Card Fees, Nike Resigns and EU Chemical Policy
Convenience store chain 7-Eleven lobbies for restrictions on credit card processing fees. Nike resigns from the board of the U.S. Chamber of Commerce in protest…
Blog
Big Labor’s Big Prize in Health Care “Reform”
In his Wall Street Journal column today, Holman Jenkins highlights one of the prizes at stake for organized labor in the current health care…
Blog
Rowdy Unionists Shout Down Opponents
Yesterday in Harrisburg, rowdy unionists disrupted a rally held by two Pennsylvania state legislators to promote legislation to end project labor agreements (PLAs), which…
Op-Eds
Retailers Shortchange Customers in Credit-Card Fee Fight
Today, 7-Eleven Inc. and other big retail chains will hit Capitol Hill to offer Congress members and their staffs a supersize serving of hypocrisy.
Blog
Senate Finance Committee Rejects Public Option
Liberal Democrats are fuming. House Speaker Nancy Pelosi (D-Cal.) and House Commerce Committee Chairman Henry Waxman (D-Cal.) remain committed to a "public option". President Obama…
Blog
It’s Complicated
Journalists have a tendency to present overly-simple explanations of current events that often turn out to be false. Part of it is due to the…
Blog
New Study on How Government Employee Unions Squeeze Public Budgets
As in other states, government employee unions oppose cuts that would affect their members. All unions do this, but public sector unions are different.
Newsletter
Opposing Net Neutrality, TSA Unionizing and Banning Soft Toilet Paper
The Washington Post editorializes against the FCC’s proposed “net neutrality” regulations. The American Federation of Government Employees seeks to unionize airport safety screeners and other…
Blog
Obama Slaps Unconstitutional Gag Order on Critic of His Health Care Plan
While Obama ally ACORN attempts to gag whistleblowers who exposed its role in a recent scandal, the Obama administration is trying to gag…
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Obama Losing Youth on Health Care
The National Journal had an interesting article this week describing the difficulty Democrats have been having getting young adults interested in the health care debate.
Blog
ACORN Sues Whistleblowers for Exposing Its Wrongdoing in Scandal
ACORN is now suing the whistleblowers who allegedly filmed it promoting illegal sexual activities for $2 million! And not just them, but…
Blog
DC Councilman Graham’s Chief of Staff Indicted on Bribery Charges Related to Taxi Legislation
Graham's chief of staff, Ted Loza, has been indicted on bribery charges relating to the taxicab legislation.
Newsletter
Net Neutrality, Insurance Reform and Another ACORN Scandal
Senate Republicans abandon an attempt to stop the FCC’s proposed net neutrality regulations. New Orleans braces for the arrival of “Out of the Storm 09:…
Blog
The Economics of Net Neutrality
Over at the Washington Examiner's Opinion Zone, I apply what I learned back in Economics 101 to the net neutrality debate. It's all about scarcity.
Blog
Hard-Left Obama Policies Draw Criticism for Undermining Democracy, Security, and the Rule of Law
In his 2008 campaign, Barack Obama talked a lot about “bipartisanship,” but in office, he has governed from the far left, on both domestic and…
Blog
Gypsy Cabs Coming soon to DC?
If you’ve ever been to Brooklyn, you’ve almost certainly seen firsthand the shortage of taxis that has been created by New York City’s licensing restrictions,…
Blog
Slate’s William Saletan vs. the Food Cops
Slate’s William Saletan has had it with the growing overreach of the food police, a reaction which he acknowledges puts him in unusual company.
Blog
Regulation of the Day 55: Home Environmental Inspections
If cap and trade passes, almost all homes for sale would be required to undergo an environmental inspection. The home cannot be sold until it…
Blog
ACORN’s Empire Will Expand Under Obama’s Health-Care Plan and Financial Rules
Congress recently voted to cut off federal housing funds to controversial group ACORN. But since most federal money goes to ACORN-related…
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