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
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
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McDonald’s 6-Month-Old Burger is a Triumph, Not a Terror
To prove a friend wrong, New York artist Sally Davies left a happy meal out on her counter for six months. Yesterday, several media…
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Regulation of the Day 152: Locking Your Car Door
The government of Bucks County, Pennsylvania plans to issue $25 fines to people who forget to lock their cars.
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Wayne Crews in The Washington Times
Wayne Crews has an op-ed in today’s Washington Times titled, “The Tyranny of the Unelected.” He writes, The year’s Federal Register – the daily depository…
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Fox Business: Government Is Burning Our Money
Americans are peeved about the economy. Or, 85 percent of us are, according to an ABC News article. So, we need government to…
Op-Eds
Tyranny of the Unelected
Congress passed and the president signed 125 bills into law in 2009. Your tireless federal regulatory agencies were even busier: They issued 3,503 rules and…
Blog
CEI Weekly: United Auto Workers Shut Down GM Plant
CEI Weekly is a compilation of articles and blogs from CEI staff. This week features Vincent Vernuccio's October 1st interview on Fox Business' Varney &…
Blog
Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
Bootleggers and Baptists Everywhere
Bruce Yandle’s insight of how erstwhile alliances of “Bootleggers and Baptists” help drive state intervention into economic matters is extremely useful when looking at…
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Private Employers Cut 39,000 Jobs in September
The private sector shed 39,000 jobs in September. Liberal journalists claim this was “unexpected.” This reveals their shaky grasp of economics. If you…
Blog
Morning Media Summary
The following is a roundup of the morning's media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
If You Like Your Health Plan, You May Lose It Anyway
Another major employer, 3M, has decided to “eventually stop offering its health insurance plan to retirees, citing the federal health overhaul as a factor.”…
Blog
Supreme Court Is Neither Pro-Business Nor Conservative
The Supreme Court is not a particularly conservative court. It rules against businesses more than the lower federal courts do, and its rulings have overturned…
Blog
Fred Smith Featured in Politico’s “Answer This”
Fred Smith was profiled today in Politico‘s “Answer This” column by Patrick Gavin. Here are a few highlights: What’s a common and accepted practice for…
Blog
Virginia ABC Store Privatization: Improving Plan, Dimming Political Support
When Virginia’s governor Bob McDonnell’s unveiled his plans for privatizing the state-run liquor sales system nobody was terribly thrilled. The plan’s basic outline (as I…
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Obamacare May Force McDonald’s to Drop Health Coverage for Employees
Michelle Malkin points out that “McDonald’s has notified the feds that it may be forced to drop health insurance for some 30,000 workers due…
Citation
SEC “Proxy Access” Rule Could Empower Unions, Political Activists and Undermine Investors
Op-Eds
Washington Ideas Forum
Study
Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not ‘‘Pro-Business’’
Full Document Available in PDF Chief Justice John Roberts has often been depicted as an advocate of narrow rulings and a judicial philosophy…
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The Failed Stimulus Package Reveals What Economy Really Needs
A failure can make for a valuable learning experience, and the stimulus package is no exception. Clearly the stimulus has not worked, and from…
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22,000 Lose Their Health Insurance Due to Obamacare
Approximately 22,000 senior citizens just lost their health plan with Harvard Pilgrim Health Care, which dropped its Medicare Advantage Program due to “cuts in…
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New EPA Rules Will Cost More than 800,000 Jobs
New EPA rules will cost more than 800,000 jobs, probably far more, according to a newly released congressional report. That includes the EPA’s…
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Using Government to Weed Out Competitors
In states throughout the country, beverage distributors are stepping into the political ring and in every case the opponent is the same: competition. Since prohibition,…
Op-Eds
Response to How Would GOP’s ‘Pledge’ Affect Economy? – Pledge Takes On Overregulation
Though much of the commentary on the GOP’s “Pledge to America” has forcused on the areas of taxes and spending, the provision that may contain…
Blog
An Unpaid Internship at the White House
@whitehouse on Twitter alerted me this morning that applications for internships at the White House are due by October 3. I couldn’t help but look…
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Regulation of the Day 151: Water Heaters
The EPA recommends setting your water heater to 20 degrees Fahrenheit. But OSHA recommends setting it to 140 degrees Fahrenheit. Why the difference?…
Blog
An Annoying Regulation for Every Room in the House
The Obama administration isn’t satisfied giving the American people several big things we don’t want — the stimulus package, expanded bailouts, Obamacare — but it…
Blog
CEI Weekly: Congress Should Liberate to Stimulate
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features John Berlau's debate with Heather Boushey from the Center for…
Op-Eds
No Regulation Without Representation
Having excoriated the Bush administration and Republicans in Congress — on this site and elsewhere — for falling short of principles on TARP…
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CEI Podcast – September 23, 2010: The Frankenfish Myth
CEI Senior Fellow Greg Conko, author of The Frankenfood Myth, talks about the promise and imagined peril of genetically modified salmon.
Blog
GOP “Pledge to America” Includes Constructive Reg Reform
The House Republican “Pledge to America” unveiled today has been criticized by RedState’s Erick Erickson and other center-right pundits for a lack of specifics.
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Obama Financial Czar Appointment Is Unconstitutional, Liberal Law Professor Says
Obama has appointed controversial Harvard Law Professor Elizabeth Warren to informally run the powerful, newly-created Bureau of Consumer Financial Protection that will regulate the…
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Many Free Checking Accounts Disappearing Due to Dodd-Frank Financial “Reform” Law
The so-called financial “reform” bill that passed Congress — the Dodd-Frank Act — is wiping out many free checking accounts, since…
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Unfair ‘Paycheck Fairness Act’ Shafts Workers With Hazardous Jobs
We wrote earlier about the Paycheck Fairness Act, a bill of Orwellian deception that would result in employees unfairly receiving equal pay…
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Study: Regulations Cost $1.75 Trillion in 2008
State and local regulations, of course, cost extra.
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America: Land of the Free?
Prior to arriving in America I imagined this country as being the land of the free. But somehow, it turned out this was a wrongly…
Blog
Insurers Drop Children’s Health Insurance Due to Obamacare
Insurers have stopped writing children-only health insurance policies due to mandates in Obamacare that ignored basic principles of economics. So if…
Blog
Distracted Driving Kills, But What About Dysfunctional Policy?
The Obama administration, having succeeded in bringing about economic recovery and having nation-built a democratic Afghanistan, has set its sights on another pressing…
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General Motors Now Admits It Didn’t Repay Bailout Money
Contrary to its claims in TV ads earlier this year, General Motors has now admitted that it did not repay…
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Insurance Regulators Approve Increases Based on Obamacare
In Connecticut, insurance rate regulators have approved hikes in insurance premiums of up to 20 percent, agreeing with insurers that…
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Senators Challenge Administration’s Big Labor Giveaway
Despite all they have gotten from the Obama administration, many union leaders have vented their frustration over Democratic lawmakers’ failure to enact the unions’ top…
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CEI Weekly: Regulations Discourage Small Businesses from Hiring
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' article this week where he lists the effects…
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Regulation of the Day 150: Toy Guns
Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami…
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Obama’s Broken Pledge to Cut Wasteful Spending
When Obama was elected, he claimed he would “go through our federal budget– page by page, line by line–eliminating those programs we don’t need.”…
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New CEI Podcast: Creating High-Tech Jobs
Ryan Radia, CEI's Associate Director of Technology Studies, talks about obstacles and opportunities for job creation in the high-tech sector.
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CEI Weekly: CEI Stars in “The Green Swindle”
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI Expert RJ Smith on Fox News to speak on…
Blog
San Francisco’s Mayor Opposed to Alcohol Tax
It isn’t often that we get to praise politicians, but cheers to San Francisco Mayor Gavin Newsom who vowed to veto plans for an…
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Clearing the Way for High-Tech Jobs
Over at RealClearMarkets.c0m, my colleague Ryan Radia offer some ideas for how to create more high-tech jobs. Our main points:…
Blog
Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
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Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
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