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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
Search Posts
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Reactions to Court Ruling Striking Down Part of Obamacare in Virginia v. Sebelius
Yesterday, a federal judge in Richmond struck down Obamacare’s requirement that individuals buy health insurance. Cato Institute’s Ilya Shapiro reacts to the decision…
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Morning Media Summary
Tech: Gawker Media Hacked, Warns Users to Change Passwords: “E-mail addresses and password details for 200,000 registered users of Gawker…
Blog
The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
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Ruling in Virginia’s Challenge to Obamacare Individual Mandate Expected Today
A ruling in Virginia’s constitutional challenge to Obamacare’s individual mandate is expected later today. The Competitive Enterprise Institute joined in an amicus brief filed…
Citation
Feds Use New Tool to Target Ex-CEO
The Daily Caller
Federal Pay Freeze: More Things Stay the Same
Five short months after Democrats called Republicans’ suggestion to freeze federal pay a “cynical ploy,” President Obama announces his plan to freeze federal paychecks…
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Are Government Employee Unions Losing the Democrats?
Government employee unions have long been renowned as one of the Democratic Party’s most loyal and dedicated supporting constituencies. For years, Democratic politicians have supported…
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New Fast Food Restaurants Banned in South Los Angeles
New fast-food restaurants are now banned in South Los Angeles. Say goodbye to many entry-level jobs in that poor urban area. The cockamamie idea behind this ban is…
Blog
Energy Drink Ban? What’s Next?
Lynne Nowick, a legislator in Suffolk County, New York, wants to ban energy drinks for anyone under the age of 19 years old. Why?…
One News Now
Backup camera rule expensive, ineffective
Blog
Court Rejects Obesity Class-Action Against McDonald’s
A New York court has refused to certify a class-action lawsuit against McDonald’s by people claiming it made them obese. As Ted Frank notes,…
One News Now
FDA recalls = future food fiascos
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Small Brewers’ Big Mistake in Colorado
In Colorado, the only place one can purchase alcoholic beverages over a strength of 3.2 percent alcohol by volume to take home is in a…
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Morning Media Summary
Tech: Anonymous’ Operation : Payback campaign defends Wikileaks, downs MasterCard website: “Online supporters of whistleblowing website Wikileaks are fighting back…
publication:http://calvinayre.com/2010/12/08/legal/will-reid-online-poker-bill-win-congressional-pot/
Will ‘Harrah’ Reid’s Online Poker Bill Win the Congressional Pot?
Hawaii Reporter
Make America Stronger, Smarter and Save Trillions
The Hawaii Reporter discusses the costs of regulation with Wayne Crews. The magnitude of the costs of regulations for example, is staggering. Clyde…
Blog
People Do What You Pay Them to Do
This seems like an obvious statement. But Big Government is shocked — shocked! — when it pays doctors to perform surgeries instead of taking time for…
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Deal to Explode Deficits by $900 Billion Will Burden States and Employers With More Unemployment Costs
President Obama and Republican leaders reached a deal to extend the Bush tax cuts for two years — and temporarily reduce social security payroll taxes…
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Morning Media Summary
Tech: Sharpton: FCC should threaten radio stations carrying Rush [Video]: “If the left can’t get Rush by reviving the Fairness Doctrine, maybe the…
Hawaii Reporter
More FDA Authority Won’t Improve Food Safety
Letters
Coaliton Letter on Credit Union Regulatory Relief
Full Document Available in PDF Along with this letter please find a new advertisement, signed…
Blog
Morning Media Summary
Tech: Wave Goodbye to Internet Freedom: “The Federal Communications Commission (FCC) is poised to add the Internet to its portfolio of regulated industries.
Hawaii Reporter
The food industry plays regulatory roulette
Hawaii Reporter
A Bold Proposal for FDA Reform
Blog
Unemployment Jumps to 9.8 Percent; Stimulus and New Regulations Wipe Out Jobs
Unemployment has jumped to 9.8 percent. The population has grown recently, but the number of jobs has remained virtually flat. The White House…
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Sunday Brunch in New York City
You can find a lot in New York City that you can’t find anywhere else in the world. But if you’re in New York and…
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Morning Media Summary
Tech: WikiLeaks switches to Swiss domain after attacks: “WikiLeaks was forced Friday to switch over to a Swiss domain name, wikileaks.ch, after a…
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Senate Leaders Violate Constitution in Pushing Through Costly Food Safety Modernization Act
The House and Senate passed different versions of the Food Safety Modernization Act, which would ratchet up costly regulations of farms and food processing. (Greg…
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Homeland Security Violating Due Process and Free Speech In Internet Power Grab?
Law professor David Post notes that the Department of Homeland Security is seizing entire domain names, not to protect national security, but to enforce…
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Colorado to Ban Light & Low-Calorie Beer in Bars?
Next year bars and dine-in restaurants in Colorado might be forced by law to stop selling light, low-calorie, and low-alcohol beers. Any beer…
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Federal Register Hits 75,000 Pages
At its current 327-page per day pace, the 2010 Federal Register would be 81,560 unadjusted pages long.
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Morning Media Summary
Tech: Google To Punish No-Good Sites With Revised Search Ranking: “Google’s method of ranking of search results took a hit last week in…
The Cleveland Plain Dealer
Do You Really Want the IRS to Do Your Taxes?
Appeared In: The Centre Daily, The Cleveland Plain Dealer, Smart Pros, The Sun News, The New Hampshire Union Leader,…
Blog
$7 Billion or More in New Taxes for Virginians Under EPA Mandate
The EPA told Virginia earlier that it would impose costly measures on Virginia Counties, measures so costly that they would result in record property…
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EPA at 40 — Doing an End-Run Around the Legislative Process
The Environmental Protection Agency is 40 years old. It came into being under a Republican president, Richard M. Nixon, and opened its offices on…
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Do You Want the IRS Doing Your Taxes?
The income tax is a pain in the neck. The obvious solution is the simplify the 70,000-page tax code. But some are proposing to have…
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Morning Media Summary
Tech: FCC chairman to propose plan for net neutrality: “The chairman of the Federal Communications Commission plans to announce Wednesday…
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European Commission Should Leave Internet Search Alone
Today, the European Commission opened a formal antitrust investigation into Google to probe allegations that the firm rigged its search engine to discriminate against…
NPR
The IRS’s Proposal to do Your Taxes for You
Blog
CEI Podcast — November 30, 2010: Food Safety, Washington-Style
CEI Senior Fellow Greg Conko looks at the major provisions of the food safety bill that the Senate is voting on today.
Blog
Real Estate Development and Generation Y
Over the Thanksgiving holiday, I came across this article in Urban Land magazine, “Housing Gen Y: The Next Challenge for Cities,” by John McIlwain. In…
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STREET SIGNS WITH ALL CAPS ARE GIVING LOCAL GOVERNMENTS A HEADACHE
The federal government has managed to create a new regulation that will put even more local governments in the red. Apparently, bureaucrats have determined…
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Morning Media Summary
Tech: Christian group asks Apple to reconsider app suspension: “A Christian organization that recently had its Apple iPhone app removed from Apple’s…
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Online Gambling in New Jersey Could Cause WTO Disputes
New Jersey is on the verge of becoming the first state in the U.S. to explicitly legalize online gambling in an attempt to keep…
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Morning Media Summary
Tech: Comcast: Internet service restored after regional outage: “Officials at Comcast Sunday night said they did not know what caused disruptions in its…
Blog
Federal Government Subsidizes Obesity and Wealthy Urbanites
In the Washington Examiner, David Freddoso explains how the federal Department of Health and Human Services spent $766,000 of your tax dollars to help…
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How Property Rights Saved the Pilgrims After the First Thanksgiving
In Reason Magazine, Nick Gillespie and Meredith Bragg write about how the establishment of property rights among the pilgrims made them more “industrious” and…
Blog
A New Course for Wild Tigers
A New York Times editorial highlights a struggle faced by the wild tiger, noting its population is down to approximately 3,200 from a high…
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Morning Media Summary
Tech: Wipeout: When Your Company Kills Your iPhone: “A few weeks ago, Amanda Stanton’s iPhone suddenly went black.” 34% of all malware…
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TSA Roundup
The Thanksgiving travel rush is officially underway.
Blog
Obama Includes Toyota, Hyundai and Kia in 75,000 Jobs “Created” by GM Bailout
This post was coauthored by CEI Research Associate Andrew Kwiatkowski As we write, President Obama and Vice President Biden are doing a victory lap…
Blog
“Model” Foreign Aid Recipient Uses Foreign Aid to Repress Its Citizens
Ethiopia is considered a model recipient of foreign aid by international aid agencies, since it uses much of the aid on its people, rather than…
Blog
CEI Podcast — November 23, 2010: The Crusade Against Alcohol Energy Drinks
Baylen Linnekin, author of the recent CEI On Point "Extreme Refreshment Crackdown: The FDA’s Misguided Campaign Against Alcohol Energy Drinks" looks at the recent push…
Blog
Morning Media Summary
Tech: Facebook censors, cracksdown on breastfeeding photos: “In one of the photos that keeps getting Emma Kwasnica’s Facebook account suspended, the Montreal-based mother…
Blog
Unions’ Shifting Lame Duck and NLRB Agenda
With Democrats losing control of the House of Representatives and a substantial number of seats in the Senate, organized labor’s hopes of seeing its legislative…
Blog
Obesity Letters Assume Parents Can’t See Their Children
A school district in Arizona is implementing a controversial program that has the world talking: they will be weighing students and sending notes home…
Blog
Morning Media Summary
Tech: FCC chief on net neutrality: Trust me: “FCC chairman Julius Genachowski now finds himself caught between unfulfilled promises made to the tech…
Bastiat Institute
No Sense in Maryland’s “Dime-a-Drink” Tax Increase
Blog
GM IPO Raises Billions, But Company Faces Hidden Challenges; Bailout Still Not Repaid
General Motors raised more than $20 billion in an initial public offering (IPO) this week, selling millions of shares owned by the federal government,…
Blog
Regulation of the Day 160: Sleeping in Public
In Roselle Park, New Jersey, it is against the law to fall asleep in public.
Blog
FDA Killing Big Beer’s Competitors
If you saw the movie Beer Wars, which was released last year, you might remember one hard-working entrepreneur featured in the film named Rhonda…
Blog
TSA Regulations Likely Increase Travel Deaths
As air travel becomes increasingly expensive or more inconvenient, travelers on the margin will choose driving rather than flying. For example, the TSA began requiring…
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Morning Media Summary
Tech: House bill would give DHS authority over private sector networks: “A new bill unveiled Wednesday by House Homeland Security…
Blog
Regulation of the Day 159: Playing Chess
"A squad of cops in bulletproof vests" arrested seven men for playing chess in a New York City park.
Blog
Now! In Black and White, the Toyota Hysteria Exemplified!
It’s not “live!” It’s not even “In color!” And there’s no sound. But it’s quite stunning. A surveillance video posted by Fox Chicago News…
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Morning Media Summary
Tech: Sen. Rockefeller: FCC Should Take Fox News, MSNBC Off Airways: “SEN. JAY ROCKEFELLER (D-WV): “There’s a little bug inside of me which…
Blog
Why You Should CARE About the Ban on Four Loko
Late yesterday evening, the maker of Four Loko announced it was removing caffeine from the popular alcohol beverage. This came following media-driven hysteria, state…
Blog
Four Loko Crackdown: FDA Set to Ban Caffeinated-Alcohol Drinks
It looks as though the FDA is now set to ban the small but growing market for so-called alcohol-energy drinks, such as Four Loko and…
Blog
Morning Media Summary
Tech: Internet Explorer 9 Caught Cheating in SunSpider Benchmark?: “A Mozilla engineer has uncovered something embarrassing for Microsoft – Internet Explorer is cheating…
News Release
Small Businesses Not Growing? That’s Because Regulations Are
The U.S. Senate Committee on Small Business and Entrepreneurship will hold a hearing Thursday, November 18, on “Assessing the Regulatory and Administrative Burdens on…
Blog
Online Casino Gambling Moves Forward in New Jersey
As I reported last week, though federal attempts to legalize online gambling have seen little progress in the last year, states’ efforts have shown…
Blog
Morning Media Summary
Tech: 2 Dems claim Arianna Huffington stole website idea: “Two Democratic consultants are accusing Arianna Huffington and her business partner…
Blog
CEI Podcast — November 15, 2010: Free Speech and Video Games
Associate Director of Technology Studies Ryan Radia gives his take on a Supreme Court case concerning California’s ban of violent video game sales to minors.
Blog
The TSA Can’t Help Being Annoying
With the holiday travel season approaching fast, public anger at the federal Transportation Security Administration’s (TSA) increasingly invasive airport passenger screening procedures — full…
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Sam Kazman on Cigarette Warning Labels
[youtube:http://www.youtube.com/watch?v=IaNCeIN0Ka8 285 234]…
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12 Ridiculous Regulations
In Texas, computer repair technicians are required to get a private investigator's license, plus more.
Blog
Fiscal Commission Should Support Increased Energy Production, Not Increased Energy Taxes
Among the many suggestions in the Fiscal Commission’s draft report is a 15 cents-per-gallon increase in the federal gasoline tax. No doubt, this…
Blog
Be Thankful for BPA-Lined Canned Goods this Thanksgiving
Well-meaning environmentalist Mindy Pennybacker, author of Do One Green Thing: Saving the Earth Through Simple, Everyday Choices, offers some sagely foolish advice…
Blog
Morning Media Summary
Tech: University Begins Reporting All P2P Users to the Police: “Georgia’s Valdosta State University has updated its network with software that can…
National Center for Policy Analysis
Instant Reform: Measure the Hidden Tax of Regulation
The National Center for Policy Analysis discusses Wayne Crews's research on what Congress should do about the growing size of the regulatory state.
Blog
Maryland Considers Privatizing Liquor Sales
The only place residents of Montgomery County, Maryland, can purchase liquor is in county-owned stores, which until recently were only open six days a week.
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November 24: National Opt Out Day
OptOutDay.com the website and group is urging air-travelers on November 24 (one of the busiest travel days of the year) to refuse to submit…
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Morning Media Summary
Tech: Cubans upset at video game that aims to kill Fidel Castro: “Cuba’s state-run media and bloggers are not amused at “Call of…
Blog
CEI Podcast – November 11, 2010: Taxing New IRS Regulations
Fellow in Regulatory Studies Ryan Young explains how an IRS proposal for mandatory certification of tax preparers would hurt consumers and taxpayers.
Blog
Obama’s Labor Department Again Pushes Forced Unionism
You are at work one day and a couple of police vehicles pull up. They go into the administrative office area and the next thing…
Blog
Honeycomb House: A Fresh Foreclosure Horror
Problems with empty, foreclosed, or otherwise house-poor homes no longer stop at suburban sprawl; now mosquito and wildcat infestations threaten to lower real estate values…
Blog
Morning Media Summary
Tech: Brumby promises every doctor in public hospitals an iPad: “Victorian Premier, John Brumby, yesterday promised every doctor in the…
Blog
Towards a Goal of Smaller Government
After Republicans swept the House in last Tuesday’s elections, President Obama took “full responsibility” for Democrats’ losses, saying: I’ve got to do a better…
Blog
Regulation of the Day 158: Preparing Taxes
The IRS wants to require all tax preparers to register with them, pass an exam, and take continuing education classes.
Blog
Morning Media Summary
Tech: Dear Starbucks: The skinny on how you can be a security hero: “The recent hubbub around Firesheep has provided me with a…
Texas Insider
An End to Out-of-State Beer?
NCPA
An End to Out-of-State Beer?
Blog
Legalized Internet Gambling in New Jersey?
What does it take to get governments to deregulate? You might think the answer is “a miracle” or maybe “drugs in the water,” both of…
Blog
Video Games are More than Just Good for Kids
They will be a primary way that we learn, teach, produce and advance in the future. Jane McGonigal of Institute for the Future has…
Blog
Morning Media Summary
Tech: LimeWire Resurrected By Secret Dev Team: “Last month, the Gnutella-based file-sharing client LimeWire was effectively outlawed after a U.S. federal judge granted…
Investors' Business Daily
Tax Preparers Shouldn’t Get IRS Favors
Taxes are big business. And not just for the federal government, which collects over $1 trillion per year in income tax revenue alone. Because the…
Blog
USDA Puts Fox in Charge of Guarding the Hen House
A proposed new rule from the USDA's Grain Inspection, Packers & Stockyards Administration is one more example of obscure regulatory agencies run amok. What makes…
Blog
Massive Property Tax Increases Coming for Homeowners in Northern Virginia
Homeowners in Northern Virginia may face massive, record-setting property tax increases of 20 percent or more in the upcoming year. One reason is the EPA’s…
Blog
Regulation of the Day 157: Unlicensed Barbering
In Orange County, Florida, barbering without a license is illegal. The regulation is being enforced with armed raids.
Blog
Morning Media Summary
Tech: Lamebook Sues Facebook Over Trademark Infringement. Wait, What?: “Here’s a head scratcher, at first glance at least: Lamebook , a hilarious advertising-supported…
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