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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
Sneaky Regulation? Federal Agencies Issue over 24,000 “Public Notices” Annually
A mixed economy like ours does not remain static. Economic activity increasingly shifts toward government outright (health care, retirement, education) or exists under "Mother-May-I" constraints…
Blog
How Matt Drudge (and Other Obamacare Victims) Can Escape the “Liberty Tax”
Former Competitive Enterprise Institute Research Associate Michael Mayfield provided invaluable assistance with this post. Matt Drudge's widely discussed…
Blog
CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
News Release
Special Interest Lobby Threatens Freight Rail Deregulation
WASHINGTON, March 24 – A new effort by special interest groups threatens much-needed freight-rail investment, according to a new…
Blog
Draconian Dodd-Frank Durbin Debit Controls Need Not Be More Destructive, Court Rules
As the weather finally turns to spring, the D.C. Circuit Court of Appeals today blew a nice cool breeze of common sense. A bipartisan three-judge…
Blog
Johnson-Crapo Is Phony Fannie-Freddie Reform
Ever since the phrase appeared in Shakespeare's Romeo and Juliet, "A rose by any other name would smell as sweet," and its variations, have…
Blog
Beekeeper Speaks Out against Anti-Pesticide Campaigns
Anyone worried about honey bee survival should read the piece by Canadian beekeeper Lee Townsend in the Guelph Mercury newspaper. In recent years, beekeepers have…
Blog
New Data: Code of Federal Regulations Expanding, Faster Pace under Obama
The annual Code of Federal Regulations (CFR) is the "codification of the general and permanent rules published in the Federal Register…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
67 new regulations, from reformulated gasoline to vitamin D2.
Blog
Bureaucrats Line Up to Regulate Bitcoin
The regulators are tasting blood around bitcoin, and like sharks they are positioning for the kill. The blood that they taste was not actually shed…
Blog
Reining in the Executive Branch Bureaucracy, Part 11: Sunset Regulations and Implement a “One In, One Out” Procedure
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from soybean referendums to jaguars.
Blog
Reining in the Executive Branch Bureaucracy, Part 10: Congress Should Create an Annual Regulatory Reduction Commission
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI Podcast for March 6, 2014: The ALERT Act and Regulatory Transparency
Last week was Stop Government Abuse Week in Congress, and the House passed a number of reform bills that would increase government transparency. One of…
Blog
Obama and Camp’s “Carried Interest” Canard Adds Cost and Complexity to Code
Once again, according to a White House summary of his 2015 budget to be unveiled later today, President Obama will call for "closing loopholes"…
Blog
Obama FY 2015 Budget: Aviation Funding Recommendation Not Great, But a Step in the Right Direction
President Obama released his Fy 2015 budget today. Like his past budgets, as I noted in a previous post discussing the highway and…
Blog
JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
Blog
Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
National Review
‘Stop Government Abuse’ Week
This week, House majority leader Eric Cantor (R., Va.) is promoting a series of ten bills as part of his Stop Government Abuse Week (hashtag:…
Blog
CEI Podcast for February 27, 2014: Can the EPA Regulate Greenhouse Gas Emissions?
The Supreme Court heard oral arguments this week in a case that could determine whether or not the EPA has the authority to regulate greenhouse…
Blog
Reining in the Executive Branch Bureaucracy, Part 9: Congress Must Affirm Final Agency Rules before They Are Law
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 8: Create a Culture of Repealing Regulations
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
35 new regulations, from helicopter ambulances to infant formula.
Blog
GW’s Entrepreneurship and Crowdfunding Barriers to Today’s Revolutionary Entrepreneurs
Happy Washington’s birthday, everyone! Although the holiday was on Monday, George Washington’s actual date of birth is tomorrow, February 22, in the year 1732. And…
Blog
CEI Podcast for February 20, 2014: The Expanding Regulatory State
CEI Fellow Ryan Young discusses the large stock of existing regulations and the rapid flow of new regulations.
Blog
Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
Blog
Suing the IRS – And Winning
Proving that sometimes good guys can win, our friends at the Institute for Justice are celebrating a big win against the IRS.
Blog
Here Are the Obama Administration’s 191 Big-Dollar “Economically Significant” Rules and Regulations
If you pay any attention to the debate over federal regulation (there are at least three or four of you), you inevitably hear about "economically…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from lamp fixtures to handling potatoes.
Blog
CEI Podcast for February 12, 2014: Are Cell Phones Coming to an Airplane Near You?
CEI Fellow Marc Scribner opposes a bill that would ban in-flight cell phone usage on airplanes. He believes that decision should be left to airlines,…
Blog
No Obamaloans at the Post Office!
While Sen. Elizabeth Warren may proudly brand herself a populist, in her latest crusade, she is casting her lot with fat cats. Warren wants to…
Blog
Obama Major Regulations 29 Percent Higher Than Bush
The 1996 Congressional Review Act (CRA) requires agencies to submit reports to Congress on their major rules — frequently defined as those costing $100 million…
Blog
House Committee to Markup Bill Banning In-Flight Cell Phone Calls
Tomorrow morning (Tuesday, February 11), the House Transportation and Infrastructure Committee will markup the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act (H.R.
Blog
Reining in the Executive Branch Bureaucracy, Part 7: Recognize and Reduce Indirect Costs of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
55 new regulations, from kiwifruit administration to dehumidifiers.
Blog
More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
Blog
Waxman’s Last Stand on Net Neutrality
It was announced that Rep. Henry Waxman, D-Calif., is proposing new net neutrality legislation. The proposed bill has likely been made…
Blog
Reining in the Executive Branch Bureaucracy, Part 6: Deal with the Deadweight Cost of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
New York Alcohol Bill Benefits Big Business at Consumers’ Expense
New York’s consumers and small alcohol retailers could soon be paying more for their tipples, for the benefit of big wholesalers. A bill now making…
Blog
Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
Blog
USDOT Calls for Connected Vehicle Mandate; Security and Privacy Concerns Remain
The U.S. Department of Transportation (DOT) announced today it would chart a regulatory path that would require all new automobiles to be equipped with…
Blog
Should States Legalize Sports Gambling? Yes!
With Super Bowl XLVIII in the history books, all that remains now is for the losers to lick their wounds and for the victors to…
Blog
Regulation without Representation
Over at The Hill's Congress blog, Wayne Crews and I make the case for reining in the regulatory state as a way to improve the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
52 new regulations, from hedge funds to California dates.
Blog
Long-Suspected TSA Abuse and Incompetence Confirmed by Former TSA Employee
Politico Magazine has a disturbing article by former transportation security officer Jason Edward Harrington. At least it would be disturbing if it wasn’t largely just a confirmation…
Blog
Reining in the Executive Branch Bureaucracy, Part 5: Categorize Regulations by Impact
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
State of the Union: President Gets Minimum Wage and Gender Pay Gap Wrong
President Obama surprised few in his State of the Union address, which was dominated by egalitarian and populist themes. The president is entitled to his…
Blog
State of the Union: Economic Band-Aids for Poverty and Unemployment
One of progressivism’s most admirable traits is its concern for the little guy. But many progressive policies for alleviating poverty, unemployment, and other social problems…
Blog
Reining in the Executive Branch Bureaucracy, Part 4: Put a Spotlight on Economically Significant Rules
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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