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: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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Regulation of the Day 78: Green Energy Subsidies
If green energy is commercially viable, then it doesn't need any subsidies. If it isn't, no amount of subsidy will make it so.
Southern Shift News
30 Million Small Businesses: The Army President Obama has yet to Deploy
Southern Shift News
Letter to the Editor: Retailers Want to Shift Their Costs onto Consumers
It’s a real pity that The Examiner’s Nov. 27 lead story – billed with the screaming front-page headline "Credit cards show no pity" –…
Blog
Regulation of the Day 77: Banning Toys in Happy Meals
Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.” The solution? Legislation!…
NH Insider
Taxpayers Face $20 Million Cost to Enforce Bad Law
Mortgage Magazine
Banks, Credit Companies Get Brief Reprieve From Crushing Federal Regulation Of Internet Gambling
Baltimore Sun
Time to Raise the Alcohol Tax
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Regulation of the Day 76: Generic Medication for Farm Animals
If you put chlortetracycline powder in your farm animals’ drinking water to prevent disease, please be aware that a new federal rule now allows you…
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“Would ObamaCare Reduce Innovation?”: Health Care Bill Would Cause Preventable Deaths
“Would ObamaCare Kill Medical Innovation?” That’s the question posed by health care expert Michael Cannon. His answer is yes: “President Obama’s…
Blog
How Capitalism and Property Rights Saved the Pilgrims From Starving
Law professor llya Somin notes a “lesson of the original Thanksgiving: that the Pilgrims nearly starved to death because…
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The Little People of the Superstate
Almost like answering Henry Kissinger’s famous question–Who do I call if I want to talk to Europe?–the 27 states of the EU have selected the…
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Moderates Criticize Health Care Bill As It Advances in Senate; Experts Gave Bill A “Failing Grade”
On Saturday, the Senate voted 60-to-39, along party lines, to press towards passage of a massive health care bill, by blocking a…
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Illegal Immigration: Make it Legal
The Boston Globe’s Jeff Jacoby wrote a wonderful column yesterday that highlights the inconsistent stance of many conservatives when it comes to immigration.
Baltimore Sun
Effort To Curb Financial Giants May Worry Markets Even More
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Healthcare Bill Advances in Senate, Despite Receiving Failing Grade from Health Experts; Democrats Block Filibuster in Party-Line Vote
The healthcare bill is on the verge of passing the Senate, despite the fact that it has received a failing grade from healthcare experts like…
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Legal Challenge to Michigan Union Power Grab
With the Detroit auto industry floundering, the United Auto Workers is turning its attention to…day care provider. And to do so, the UAW partnering with…
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Regulation of the Day 75: Food Containers
The Code of Federal Regulations contains 28 sections on food containers. Metal, glass, plastic, flexible, rigid – if you can put food in it, there…
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Government Employee Pensions’ Threat to New Jersey’s Fiscal Health
New Jersey residents pay the highest state and local taxes in the nation, notes the New Jersey Taxpayers’ Association (NJTA). And what do they get…
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CEI Weekly: CEI Starts Gore Debate Fundraiser
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the start of CEI's Pledge-a-Dollar-to-Debate Campaign. The campaign's goal is…
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“Obama Warns on Dangers of US Debt”
This morning I read with interest – and amazement – the above headline. Does our president live in the same world that I inhabit? He’s…
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“I Can’t See the Objection”
The National Federation of the Blind and the American Council of the Blind are seeking a preliminary injunction in federal court to stop…
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Reid Health Care Bill Adds New Tax Increases, Costs Twice As Much As Promised
The health care “reform” bill drafted by Senate Majority Leader Harry Reid adds new tax increases, and costs twice as much as its…
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Harvard Medical School Dean Gives ObamaCare a “Failing Grade”
"In discussions with dozens of health-care leaders and economists, I find near unanimity of opinion that the final legislation that will emerge from Congress will…
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Making Broadband Accessible: Innovation, Not Intervention
FCC regulators want to provide wider and cheaper broadband access by subsidizing it, raising taxes, and forcing network owners to share their network infrastructure with…
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Senate Committee Rubberstamps Left-Wing Ideologue to Head Powerful OSHA Agency Despite His Anti-Gun and Pro-Junk-Science Views
David Michaels, a left-wing ideologue who supports junk science and seeks to restrict gun possession, has been approved by the Senate Health Committee…
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Regulation of the Day 74: Grass Length in Jupiter, Florida
Residents whose lawns are taller than eight inches risk $250 per day fines. The city council voted last night on raising the fines to $1,000…
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Against a Value Added Tax
Over at Investor's Business Daily, Wayne Crews and I make the case against a Value Added Tax. Policy makers have been flirting with the idea…
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Oyster Ban Update: Partial Victory!
The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed.
Blog
Stimulus Package Creates Imaginary Jobs, Destroys Jobs in the Real World
President Obama’s $800 billion stimulus package creates imaginary jobs, while destroying ones in the real world. Billions from the stimulus…
Newsletter
Bailout Transparency, Climate Politics and Mortgage Foreclosures
Rep. Carolyn Maloney introduces a bill to make public details of the bank bailout. Critics accuse President Obama of failing the world on climate change.
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Fixing TARP: Is Transparency Enough?
Transparency is a good start. But the goal should be to not have government bailing out politically favored companies in the first place.
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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…
Blog
Regulation of the Day 70: Combustible Dust
OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
Unfunded Mandates
Today's American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of unfunded mandates.
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