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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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News Release
A Solution to the Grokster Copyright Debate?
Contact for Interviews: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Richard Morrison, 202.331.2273 <?xml:namespace prefix = o ns…
News Release
Reviving Real Regulatory Reform
Full Document Available in PDF Washington, D.C., March 24, 2005—Congress and the President, now more than…
News Release
CEI Congratulates DOE on Emissions Decision
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Richard Morrison, 202.331.2273…
Op-Eds
Bureaucrats upending NIH
The National Institutes of Health (NIH) faces a revolt by its employees over new, draconian conflict-of-interest rules. They ban all consulting (paid or unpaid) for…
Op-Eds
Ponzi’s Scheme Still Works
Many have heard of Charles Ponzi, the 1920s flimflam — man whose name is now synonymous with con artistry The Oxford English Dictionary defines a…
Op-Eds
Misnamed Activists Are Thorns In Rose Of Agbiotech Foods
In a spin-dominated world where activists claim—often on the flimsiest of data—that this, that or the other thing causes cancer or threatens the…
Op-Eds
Risks in the Modern World: What Prospects for Rationality?
Risk refers to the likelihood that something will go wrong.[1] People naturally fear such mishaps, and risk aversion is a basic survival trait. Only non-survivors…
Op-Eds
Global Tax; or Global Tax Reform?
Am I the only one who noticed that the Kyoto Protocol (imposing artificial constraints on energy use to regulate atmospheric carbon dioxide to…
News Release
UN Sea Treaty Brings ‘Tragedy of the Commons’
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Study
The Price is Right—Or Better Be!
Full Document Available in PDF On the popular television game show “The…
Op-Eds
New Agenda Fails to Address Problems
George Bernard Shaw once observed that: “The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the…
Op-Eds
Red & Green: Is the President Cutting Enough Environmental Fat?
If you believe the rhetoric from environmental activists about the Bush-administration budget, you would think that the world would come to an end if…
News Release
Bush Budget Missteps On Energy, Environment, Regulatory Reform
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact for Interviews: Christine Hall, 202.331.2258, or Richard Morrison, 202.331.2273…
News Release
CEI Scholars Respond to Bush Budget
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> OVERVIEW Analysis from CEI Vice President for Policy Clyde…
News Release
Free Market Reaction to the State of the Union
Contact: Richard Morrison, 202.331.2273 Washington, D.C., February 2, 2005—President Bush’s State of the Union address tonight will expound his vision of an “Ownership Society,” in…
Study
The Viability of Municipal Wi-Fi Networks
Full Document Available in PDF Ownership of broadband networks by municipalities,…
Op-Eds
Different Technology, Similar Service
In the absence of competition, regulations serve to protect consumers against monopoly market power. This is, in theory, the reason why the telecommunications…
Products
Medicine Could Reach for Stars, FDA Willing
Full Document Available in PDF When Bill Gates and Paul Allen…
CEI Planet
CEI Planet: November 2004
Full Document Available in PDF In this issue: “Freeing the Biotech Revolution” by Henry…
News Release
Study: Consumers Could be Hurt by Federal Regulation of Insurance Industry
Contact for interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 <?xml:namespace prefix = st1…
Op-Eds
Stunting Corporate Growth
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Robert J. Samuelson [op-ed, Dec. 22] dismissed legitimate concerns about the effects of the Sarbanes-Oxley Act…
Op-Eds
The Danger of Too Much Caution
Congress has a long and ignoble history of exaggerated legislative responses to perceived health crises. They seem to be at it again.<?xml:namespace prefix…
Op-Eds
Reid May Lead on Stock Options
In the discussion of winners and losers from Election 2004, one organization that may have suffered a big blow has been overlooked. This…
News Release
FCC to Reconsider Telephone Competition
Contact for Interviews: Richard Morrison, 202.331.2273 <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix…
Op-Eds
It’s the Infrastructure, Stupid: Amtrak, derailed
The news that the Department of Transportation’s Inspector General is deeply concerned about the dangerous state of Amtrak’s railroad infrastructure should come as…
News Release
The Battle over Interstate Wine Shipments
Full complaint available as a pdf. The Supreme Court is hearing oral arguments today in the case of…
News Release
Bracing for e-prohibition on wine?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact for interviews: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Richard Morrison,…
Op-Eds
Will Reid Lead On Stock Option?
In the discussion of winner sand losers from Election 2004, one organization that may have suffered a big blow has been…
Study
Threats to Competitiveness in a Political Environment
Full Document Available in PDF This essay may seem depressing, but…
Op-Eds
The Fight For Telecom Reform
Full document available in pdf format<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> There’s good news and bad news in the wonky…
Op-Eds
Margaret Thatcher: A Free Market Environmentalist
Full document available in pdf format <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Tracy Mehan’s account of Margaret…
News Release
New Book Challenges Activist Attack on Business, Personal Prosperity
Contact for Interviews: Richard Morrison, 202.331.2273 Washington, D.C., November 19, 2004—The Competitive Enterprise Institute is proud to announce the publication…
Study
The Role of Business in the Modern World: Progress, Pressures and Prospects for the Market Economy
Foreward, acknowledgments, and…
Op-Eds
Making the Desert Bloom
There is big news from the <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Middle East that is unusual in several ways: It's positive,…
Products
Nick Gillespie Q&A in the October Issue of CEI’s Monthly Planet
Full Document Available in PDF …
Study
1984-2004: CEI’s 20 Year Report
Full Document Available in PDF A Message from the President CEI is…
Op-Eds
Stock Option Expense Jousting
After hearing constant tirades about <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />U.S. foreign policy offending “the world,” a majority of American voters…
Op-Eds
Health, Wealth and Happiness
How do we know when we’re happy? Strange as it may seem, this philosophical question could come back to haunt you one April 15. Psychologists…
Op-Eds
Vaccine Development Needs a Booster Shot
Every year in this country influenza kills tens of thousands and hospitalizes about a quarter-million. <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
Medicine Could Reach For Stars, FDA Willing
When Bill Gates and Paul Allen founded Microsoft in 1975, they shot for the stars and succeeded. More recently, Allen shot for the stars again.
News Release
FDA-Tobacco Regulation No Public Service
Contact: Richard Morrison, 202.331.2273 Washington, DC, October 6, 2004—A Senate-passed plan for increasing the federal government’s regulation of…
CEI Planet
CEI Planet: September 2004
Full Document Available in PDF Tech Regulation Done Right, by Braden Cox…
News Release
Threat to Tech Innovation in Senate
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 <?xml:namespace prefix…
Op-Eds
Back to School for Pests
As students return to school this fall, parents will again worry about new illnesses as kids come in contact with more cold and…
Op-Eds
Taking the Scare Out of Biotech Crops
In the late 1990s, political scientist Gregory Conko had been studying food and pharmaceutical regulation as a fellow of the Competitive Enterprise Institute,…
Op-Eds
Eco-Fascism Going Global
Full text available as pdf<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> We can say this for environmental…
Op-Eds
Antitrust: Sherman’s March Across the Globe
President Bush’s bipartisan Antitrust Modernization Commission held its first meeting in July. But after 114 years, America’s antitrust regulatory regime is overdue for burial, not…
Op-Eds
Lessons from the Gas Price Spike
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Labor Day weekend marked the end of summer and its high seasonal demand…
Products
CEI Planet: September 2004
Full document available as a pdf. Tort Law “to Make Law,” by Ivan Osorio and Elizabeth Jones …
Products
Nanotech’s Choice: Pork or Innovation?
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